Wife owes child support

What is the name of your state? Michigan

My wife was previously married and has a son from that marriage. The son grew up with his father and my wife was ordered by the court to pay child support. She never really paid on any timely basis and now has arrearages. When she files her taxes Michigan always kept any refund she would get towards the tax bill.

My question is now that we are married how do I file my taxes? We both worked in 2007 and have W2's with federal and state taxes withheld. I don't want my withholdings going towards her tax bill.
Should we file "married filing separately"?
If we file "married filing jointly" will the state keep my portion of refund?
Or is there a waiver form or something we can sign so I am not responsible for her tax bill?

I'd appreciate any help you can give.What is the name of your state?

sriceaway@yahoo said:

What is the name of your state? Michigan

My wife was previously married and has a son from that marriage. The son grew up with his father and my wife was ordered by the court to pay child support. She never really paid on any timely basis and now has arrearages. When she files her taxes Michigan always kept any refund she would get towards the tax bill.

My question is now that we are married how do I file my taxes? We both worked in 2007 and have W2's with federal and state taxes withheld. I don't want my withholdings going towards her tax bill.Should we file "married filing separately"?
If we file "married filing jointly" will the state keep my portion of refund?
Or is there a waiver form or something we can sign so I am not responsible for her tax bill?

I'd appreciate any help you can give.What is the name of your state?

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Let's just be honest here: It's not her "tax bill." It's her child support arrearages from when she refused to help support her son, and refused to obey a court order.

Exactly right. She didn't pay when she was suppose to and now has the arrearages she is responsible for.

But that doesn't make me responsible does it?
How do I file my taxes now? Can I file jointly? And if so will I forfeit my portion of refund too?

sriceaway@yahoo said:

Exactly right. She didn't pay when she was suppose to and now has the arrearages she is responsible for.

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Thank you.

sriceaway@yahoo said:

But that doesn't make me responsible does it?

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No, not at all.

sriceaway@yahoo said:

How do I file my taxes now? Can I file jointly? And if so will I forfeit my portion of refund too?

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I'm NOT a tax pro.
However, I am sure someone will come and help you. I DO know for sure you can file the "injured spouse" form in order to receive your portion of the refund. Check the IRS site at irs.gov.

Myself personally? I'd keep my finances separate until her legal problems are settled. I'm a stepparent, and I kept my finances separate till after the kids were grown.

You need to file an Injured Spouse form to protect your portion of the tax refunds:

http://www.irs.gov/pub/irs-pdf/f8379.pdf

Michigan's form:
http://www.michigan.gov/taxes/0,1607,7-238-43513-158198--,00.html

sriceaway@yahoo said:

Exactly right. She didn't pay when she was suppose to and now has the arrearages she is responsible for.

But that doesn't make me responsible does it?

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I don't know about the legal issues, but when you married her, it was for better or worse. If she had owed credit card debt, you'd be paying it, why not her back child support debt?

mistoffolees said:

I don't know about the legal issues, but ...

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It's HER debt. This is a legal site. The legal question has been properly answered, and not by you.

mistoffolees said:

I don't know about the legal issues, but when you married her, it was for better or worse. If she had owed credit card debt, you'd be paying it, why not her back child support debt?

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Give me a break! It's not his responsibility to pay for HER CHILD! And CC debt wouldn't be his responsibility to pay either. Don't post if you don't know the law.

baystategirl said:

Give me a break! It's not his responsibility to pay for HER CHILD! And CC debt wouldn't be his responsibility to pay either. Don't post if you don't know the law.

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I don't think that he was trying to make a legal point...perhaps a practical/moral point, but not a legal one.

LdiJ said:

I don't think that he was trying to make a legal point...perhaps a practical/moral point, but not a legal one.

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Morally hubby isn't responsible for MOM's child support. At. All. Or her CC debt from BEFORE they were married. At. All.

Hopefully OP will not have children with this woman who doesn't think supporting her children is important.

LdiJ said:

I don't think that he was trying to make a legal point...perhaps a practical/moral point, but not a legal one.

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Well, that's obvious. You missed the POINT.

mistoffolees said:

I don't know about the legal issues, but when you married her, it was for better or worse. If she had owed credit card debt, you'd be paying it, why not her back child support debt?

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Why? I refused to pay my husband's CC debt. I have NEVER had a credit card (and I never will). Why should I have to pay off a debt that isn't mine? Happily, my husband paid off his own CC, closed the account, and never got another one. Voila, except for our house and my car, we have absolutely no debt.

Oops. Forgot the culture we are living in.

mommyof4 said:

Why? I refused to pay my husband's CC debt. I have NEVER had a credit card (and I never will). Why should I have to pay off a debt that isn't mine? Happily, my husband paid off his own CC, closed the account, and never got another one. Voila, except for our house and my car, we have absolutely no debt.

Oops. Forgot the culture we are living in.

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Marriages are often a "team" when it comes to finances. Many married couples don't keep their finances separate and treat the debt of one of them as a debt of the marriage. So, for a married couple like that, it would still be coming out of the "team's" pocket, no matter which pocket it actually came out of. For all practical purposes, if they view things that way, then its healthier for the "team" to pay off the debt more quickly (less interest).

However, many married couples also keep their finances completely separate. So for them, that wouldn't necessarily make sense.

I think that Mistoffolees is used to a marriage that handles finances like a team. In that context, his comments make sense.

LdiJ said:

I think that Mistoffolees is used to a marriage that handles finances like a team. In that context, his comments make sense.

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NO.

On another SITE, his comments make sense. THIS, if you forgot (again), is a LEGAL site for LEGAL info.

And what IS the legally correct answer?? Oh, yes, it's that he has NO obligation to pay for his deadbeat old lady's utter failure to support her own children.

Ta-da. Not that tough.