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Tax and child support

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mimi16

Junior Member
What is the name of your state? Missouri

I got married in October of 2004, my husband is from another country, but has been here previousely in 2003. He has child support. In 2004 he did not work and had no other income. If I claim him as a dependant on my tax returns, can his x-wife consider my income to change child support or will the state come after my income? I would appreciate any imput on this.

thanks!
 


LdiJ

Senior Member
mimi16 said:
What is the name of your state? Missouri

I got married in October of 2004, my husband is from another country, but has been here previousely in 2003. He has child support. In 2004 he did not work and had no other income. If I claim him as a dependant on my tax returns, can his x-wife consider my income to change child support or will the state come after my income? I would appreciate any imput on this.

thanks!
Does your husband have an ITIN number or an SS number? If not, including him on your taxes will be complicated (it can be done and I will be happy to tell you how...but it will be complicated)

You cannot claim him as a dependent on your tax return. (without lying). The only way you can legally include him is to file "married filing jointly".

Your income will be irrelevant to child support for the most part...although if he has arrearages and you are sharing the household expenses it could cause the state to take a greater amount of his income towards the arrearages.
 

mimi16

Junior Member
LdiJ said:
Does your husband have an ITIN number or an SS number? If not, including him on your taxes will be complicated (it can be done and I will be happy to tell you how...but it will be complicated)

You cannot claim him as a dependent on your tax return. (without lying). The only way you can legally include him is to file "married filing jointly".

Your income will be irrelevant to child support for the most part...although if he has arrearages and you are sharing the household expenses it could cause the state to take a greater amount of his income towards the arrearages.
My husband has a SS # and you're right about the "married filing jointly" that's what we were thinking of doing.
Could you explain the arrearages part? He had no income last year. He's past due on child support due to not even being in US for the past year, except for the last 3 months. Now we're sending a check to pay it off and he's working now, so he won't be late on the payments anymore. Do you think it would be ok to file joint tax return, since it'll show him not having any income...

Thank you soo much for the responce, I really appreciate it.
 

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