Child Support - Step Parent

[Quiet4Years]

What is the name of your state?NJ

My girlfriend refered me to this site to gain answers to many of my questions. First let me say this was a great eye opener, useful and at times, entertaining tool. I have just recently read many of the questions posted on this site with regards to child support calculation. My husband's ex wife has constantly been threatening to have my income included when determining child support even when we weren't married. I have ignored her emails and phone calls for the last 8 years. From what I've read in this forum, this is not likely. My question is now that we are married, can I file our tax returns jointly or should I file separately? I have heard that it's best to file separately but we would miss out on the advantages and I'm unclear as to why this may cause an issue with the ex. Thank you for your time.

 

[fairisfair]

If your husband falls behind in child support payments, it is possible for his income tax refunds to be seized. Even if you file together, you may be able to protect your portion by filing an innocent spouse form, I am sure that Ldij will be along to better answer your question, watch for her.

 

[Quiet4Years]

Thank you for such a quit response and I will look for more feedback. My husband has always paid his child support, medical, dental, schooling, etc. As a matter of fact, I firmly believe his ex has posted her desires. I've read some posts and one fits her to a T. What's been stated in the forum is exactly what we've been through. His ex lives in FL. Not sure if I should mention the ID.

 

[fairisfair]

Thank you for such a quit response and I will look for more feedback. My husband has always paid his child support, medical, dental, schooling, etc. As a matter of fact, I firmly believe his ex has posted her desires. I've read some posts and one fits her to a T. What's been stated in the forum is exactly what we've been through. His ex lives in FL. Not sure if I should mention the ID.

Probably more interesting to just sit back and watch what she posts

 

[Luv_N_Stepmom]

What is the name of your state?NJ

My girlfriend refered me to this site to gain answers to many of my questions. First let me say this was a great eye opener, useful and at times, entertaining tool. I have just recently read many of the questions posted on this site with regards to child support calculation. My husband's ex wife has constantly been threatening to have my income included when determining child support even when we weren't married. I have ignored her emails and phone calls for the last 8 years. From what I've read in this forum, this is not likely. My question is now that we are married, can I file our tax returns jointly or should I file separately? I have heard that it's best to file separately but we would miss out on the advantages and I'm unclear as to why this may cause an issue with the ex. Thank you for your time.

When i filed my husbands taxes this year, I had the tax preparer to compare the amounts of money to get back if we filed joint or seperate.
Last year we filed seperate and he ended up owing about $100.00 to federal govt for taxes...the reason is because he is not allowed as many tax credits while filing single under his tax bracket for the income made for the entire year, which caused him to owe and in return the CP did not recieve his tax check. He owes arrears so CPS intercept his checks each year. (when he gets them)
However, you can file a injured spouse form if you file joint, so that way you can get a share of your husbands income tax return, and the CP will get the other half.
I filed joint this year, which allowed for more tax credits and in return a bigger income tax check return for husband to pay off arrears.
So in my husbands case, if i don't file joint, because of the tax bracket he is in and the amount of tax credits allowed and the amount of money made during the year, he gets NO return and the CP doesn't get his refund check. But if i file joint with hubby, then ME and CP get the refund check (divided of course )
So just have your tax preparer to compare the amount of refund you would get back under both married filing seperate and or joint, and then you should know the best method for you and hubby to file in the future.

 

[second wife]

I filed jointly with my husband

I have been married going on 2 years and I had the same worries about my income being used in the calculation. My husband and his former spouse just recently went to court to have the parenting plan modified and in that proccess her lawyer kept sending request to my husbands lawyer copies of my pay stubs and a copy of our taxe returns. When my husband's lawyer sent our tax return he blacked out all information that would indicate what I made (which did not lead to much information). In the end he never did get my income information and did not have any right to that even though we filed a joint return. The judge never did ask for my information either. It also helped that my husband and his lawyer never requested his former spouse's new husband's income information either.

Does that help?

 

[ceara19]

If you choose to file a joint return and IF there is a refund and it is intercepted due to unpaid child support, the URS will send a notification with the information on how to file for "Injured Spouse Status" to protect YOUR portion of the refund.

Honestly though, if you adjust your deductions so that the correct amount is withheld from each paycheck, you will minimize your overpayment and there is less of a refund to intercept. Letting the government keep YOUR money, interest free, in order to get a large tax refund isn't a financially sound decision.

Plus, if your husband is in arrears, the sooner it is paid off, the better. He is undoubtedly paying interest on the unpaid amount and even though you are in no way REQUIRED to pay any of his CS obligation, the sooner it is paid off the better your financial outlook as a couple will be. Unpaid child support is also reported to all the major credit bureaus. When it shows up on a credit report, it is hard to find ANY lending institutions willing to loan money to someone that has not paid their child support.

 

[GrowUp!]

What is the name of your state?NJ

My girlfriend refered me to this site to gain answers to many of my questions. First let me say this was a great eye opener, useful and at times, entertaining tool. I have just recently read many of the questions posted on this site with regards to child support calculation. My husband's ex wife has constantly been threatening to have my income included when determining child support even when we weren't married. I have ignored her emails and phone calls for the last 8 years.

The next time she sends a message -- either verbally or written -- quickly respond with a very stern letter stating, in not so-direct-terms to shut the hell up, as she is blowing smoke out of her backside.
In this letter tell that she shall cease and desist her communication to you effectively receipt of this letter. Also include that if she continues to threaten you even ONE MORE TIME, you will file a civil tort suit against her in a court of law and seek damages for intentional infliction of emotional distress, harassment and other remedies allowed under state and federal law (I tried finding NJ language, but quite frankly, the states' website absolutely SUCKS).

 

[ceara19]

The next time she sends a message -- either verbally or written -- quickly respond with a very stern letter stating, in not so-direct-terms to shut the hell up, as she is blowing smoke out of her backside.
In this letter tell that she shall cease and desist her communication to you effectively receipt of this letter. Also include that if she continues to threaten you even ONE MORE TIME, you will file a civil tort suit against her in a court of law and seek damages for intentional infliction of emotional distress, harassment and other remedies allowed under state and federal law (I tried finding NJ language, but quite frankly, the states' website absolutely SUCKS).

It would be better to have DAD write the letter. Even though mom's actions are adversely affecting the OP, since she is only a STEP parent and not a party to the child support order, it would just look bad if SHE were the one taking control of the situation.

 

[stealth2]

One thing I WOULD caution you about... Your income, while not going to be included in the actual acalculation, COULD come into play in determining your husband's available income should she otherwise be eligible to file for an upward modification. As an example (yes, in NJ), my ex claimed that CS should not be modified because of his living expenses (despite the fact that his income had more than doubled). The judge did order an unredacted tax return be provided to him (it was viewed by only the judge and the two attorneys in chambers). While her income wasn't included in the calculation (as it should not have been), it was more than clear that his expenses had actually decreased, and he therefore had more available funds than he was indicating.

So just be aware, and discuss the issue with a tax professional.

 

[Quiet4Years]

I would like to thank all of your for your immediate responses and I feel I did to clear up a few misunderstandings and add in additional facts.
1. My husband is not behind in child support and never has been. His CS has always been paid one month in advance and let me state, his ex has never been pleased with this set up.
2. Since my husband's ex moved to FL, his expenses have increased. He now pays 100% of all airline travel expeneses (even though she is to pay 50%), his ex enrolled their child into a private school which he pays 50% (even though it's not in the court order), the child must attend mandatory school functions which sometimes are during the scheduled visitation so my husband now pays for both of our airline tickets, car rental, hotel and meals in order to attend these school functions.
3. My husband's responsibilities also include paying all utlities, car insurance, maintenance, etc. for our home. I pay mortgage and taxes.
4. My husband has filed a restraining order against his ex twice and twice the Judge would not issue a permenant one. Although the Judge both times informed his ex and I quote, " Ms. M, you are clearly harassing these people. Stop! Move on with your life." His reason for not issuing the restraining order was due to the fact that he feels it's a double edge sword. He felt that some ex's would use this to get custody or to stop the parent from attending school functions. While the Judge felt this way, this is not the behavior my husband displays or acts. He has always felt in the interest of their child and to ensure the child has a healthy relationship with the parents, that they should both attend milestones in the child's life. And because the Judge will not issue a restraining order or even have her pay my ex's legal fees (she's been found in contempt twice) we don't believe one will ever be issued. We also don't believe she will ever stop because there is no reprimand's handed down to her. To get an idea of the ex take a look at sunshinemom and pra;yer for us.
Thank you for your time and responses and best of luck to all of you with your issues.

 

[haiku]

actually it is usually always better for married people to file jointly.

I would say what your bigger concern is would be having the ex getting ahold of your personal information, right? Rather than worries about falling behind in support. I know that was always my big concern as I never expect my husband to land in any sort of suppport pickle he could not get out of.....

So this is what you do-file jointly. If the time comes for modification, you hire an accountant, if you don't already have one, to refigure the taxes for support purposes, using just hubbies information. Leaving your ss number, your personal income information out of it.

Granted, I do know in some states you may still have to disclose your household income as part of the process, (available income, and all that-my state does not do that.) but you will not have to hand over your personal information to an untrustworthy individual.

 

[mrkndee]

Check your state's laws!

My husband and I have been married for 7 years and we have experienced this exact thing. We lived in California until July 2005 and in the beginning I filed joint returns. Because my husband has 2 different support orders that total more than 100% of his income (and before anyone tells me that he needs to have it adjusted, we HAVE and it still is more than 100% of his income), he has arrears. Our tax returns were intercepted. I found that in California, if a joint tax return is intercepted, the "injured spouse" CANNOT get their half of the refund back. You can file an injured spouse form for your federal return, but you need to check with your state to see if they have the same rules. Like I said California doesn't care who owes the money, once they take it its gone!
For that reason I always file separatly and we adjust the deductions so that we pay little to nothing for him and I take whatever tax credits I can. Also, if he owes arrears, he may be subject to having liens placed on any property that is in his name, e.g. house, car, bank accounts. For that reason, all our assets are in my name only. We have one checking account that has his name so that he has access to what little is left of his paycheck.