swatala
03-26-2009, 07:59 AM
Can anyone offer advice as to whether my husband and I should file our taxes separately or jointly taking into consideration that he has back child support and current court order for child support from a previous marriage? If we file jointly, will the combined income reported on our return be considered for increasing his child support from a previous marriage, or will only his income be considered? How can I be assured that my income will not be considered?
I recently married a man that was previously married and has two children with his ex-wife. I make significantly higher income than my husband, and his ex-wife is trying to obtain additional child support. We are considering filing our taxes separately so that our incomes are defined separately in case he is required to submit his tax returns if his ex-wife takes him back to court for a modification. However, we will receive additional benefits if we file jointly
Can anyone offer advice as to whether my husband and I should file our taxes separately or jointly taking into consideration that he has back child support and current court order for child support from a previous marriage? If we file jointly, will the combined income reported on our return be considered for increasing his child support from a previous marriage, or will only his income be considered? How can I be assured that my income will not be considered?
I recently married a man that was previously married and has two children with his ex-wife. I make significantly higher income than my husband, and his ex-wife is trying to obtain additional child support. We are considering filing our taxes separately so that our incomes are defined separately in case he is required to submit his tax returns if his ex-wife takes him back to court for a modification. However, we will receive additional benefits if we file jointly
You and him can file jointly, but you will need to file an injured spouse form with your return. You can find the form at the IRS website. When you file injured spouse, the IRS will determine which portion of the refund is yours and which part is your husband's. They will send you your portion and your husband's portion would be intercepted for the arrears.
No, the court cannot use your income at all. Since the law requires that your husband produce tax returns for any modification, he should send a copy of the return, with your SS#, etc blacked out, with a copy of HIS W-2 attached.
swatala
03-26-2009, 01:20 PM
Thanks for the reply.
On the joint tax return, only the total wages is listed, not the separate amounts for each of us. So I hope that the courts won't use the total income as the basis for child support, and will only use the W-2.
Thanks for the reply.
On the joint tax return, only the total wages is listed, not the separate amounts for each of us. So I hope that the courts won't use the total income as the basis for child support, and will only use the W-2.
Your husband needs to take a copy of the return and a copy of his w-2 to court to make sure that only his income is used.