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Can I Use Tax Refund to Hire Divorce Attorney?

Yes.*  Generally, you can utilize your tax refund for any purpose including hiring/retaining an attorney to represent you in a divorce or dissolution.  The asterisk (*) relates to the presumption that there are no Court ORDERS which mandate how the tax refund will be utilized.  Many clients also ask, "What about a status quo court Order?" Status quo orders generally mandate that parties are to continue paying certain expenses and to not incur additional liabilities.  AOC Form 237 provides a standard/typical status quo order.  A typical status quo order includes the following: no cancelling of any insurance policies, no changing beneficiaries, no selling, gifting or transferring of money or other assets. A status quo order is not issued in every case.  There was a period of time (2012?) when the Northern Kentucky family courts would issue them in every newly filed case.  The court of appeals and supreme court of Kentucky overturned the automatic issuance of such orders and mandated that they only be issued when there was good cause; typically a filing by either party. Consult with your lawyer before making use of your tax refund.  If you filed a joint tax return, you should likely split that refund with the joint filer/your spouse.  The attorney can review court orders to assure that you are not in violation before using the proceeds of your refund to retain an attorney. The status quo is not intended to prevent either party from obtaining legal counsel.  Obviously there is a contract and retainer involved in hiring an attorney.  This incursion of debt is expected in a divorce case and most courts try to assure that both parties have the financial ability to retain counsel. If you need an attorney or have questions relating to divorce or dissolution, contact the Bouldin Law Firm and talk to attorney, Michael Bouldin or paralegal, Emily Deegan.  Email mwbouldin2@gmail.com, emily@bouldinlawfirm.com or call the office at 859-581-6453 (581-MIKE).

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