I wanted to know if someone can give me advice. My BF currently pays child support for his kids, but they tell us if we get married because of my income they would make him pay more child support and they would garnish my income tax return.
By Alex from Miami, FL
I know from experience with my daughter and her now "ex", in order to avoid having anything taken out of your income tax, that is your boyfriend's responsibility you can file an injured spouse form with his income tax return. But then on the other hand you aren't his spouse, I don't know if that applies to significant others. However, another solutions would be for you to live apart(have seperate mailing addresses). My daughter's "ex" and his new wife lived in Florida for several years and his wife had income and that couldn't be touched for child support.
They absolutely will not use your income for support of your BF's child and don't let anyone tell you different! I have been there and done that, the judge told mine that because more money was brought into the household by me, it was his responsibility not mine!
Every state has different laws when it comes to child support. You need to ask an attorney in your state. You can contact your town hall or your state house and ask for an attorney that will answer your question pro bono. Or even ask someone at a law library at the University of Florida. To give you an example of how laws are different in each state. In my my state, if you live across the state line in the adjoining state but work in my state you have to pay state income taxes as well as your wife who does not live or work in my state. This law has been fought all the way to the Supreme Court and has been ruled in favor of the state in which I live.
Only he has to pay for his children and not anyone else even if your are married. It is based on his wages alone doesn't matter what state you live in. If he fails to pay court appointed child support and files income tax. Yes it could be garnished and given to his ex. I know this from experience of my ex who thought he could get way with not paying child support.
Is the step parent required to pay child support in Oregon or Florida?
I am the step dad to my wife's sons who live full time in Oregon in the custody of her family.
I have never met them, they are ages 16 and 18 and stayed up there for school. I am military and move a lot. We are currently stationed in Florida which is where we got married.
She pays and is up to date on her child support, however, her family has stated they want more money. She was unemployed and a stay at home mom (but still paid child support) until recently. Now she is self employed but not making much.
The family says they will now have my wages garnished for more support. My question; Can they do this? I am in the Navy and have limited income (it's public record how much I make) and we are about to be stationed in Guam as of August.
What can I expect from this? The child support order was filed in Oregon. We currently live in Florida. I have no association with these kids, they don't like me etc. Religious differences, no extra money to be had! I don't make that much! Help me if you can with the answer please!
Apr 5, 2010, 07:04 AM #2
Join Date: Oct 2007
Location: NY State
SCORE: The Oregon child support guidelines changed in January 2010. Here is the site but you need to put your personal info on the forms in order to come up with the calculation - https://justice.oregon.gov/guidelines/.
In some States your income can be considered as household income - I cannot tell if this is the case without completing the Oregon form.
Whether or not you have contact with her children, whatever the problems are, has no impact on child support. It will boil down to income.
If there is an Order to pay support and she does not pay, yes, your wife's income, bank accounts can be seized/frozen/liened but I see no responsibility on your part to pay the support (other than considering your income, if that is the law in Oregon).
Please take the advice here about seeking legal help! Although my story has nothing to do with child support I can tell you that becoming married to someone with any sort of government controlled debts or obligations can possibly be a nightmare!
Two weeks after getting married to my first husband an IRS agent showed up at the front door with news that my new husband had not filed nor paid any taxes for three years and had also accrued hundreds of dollars of interest and penalties. I told the agent they should speak to my husband about it because that had nothing to do with me. Wrong!
It did not matter that these debts were not my debts and that I hadn't even known about them, it was now also my debt! Even if I had immediately gotten an annulment I still would have been held responsible because I had signed on the dotted line of that marriage certificate. :-(
I personally hope you don't live together (that's just my belief) but even living together in many states your income is considered as household income.
In the state of Oregon, my sister got divorced but stayed living with a man because they stated to her that because she took his last name she could be held liable for his child support and they could garnish her wages; she divorced but let few know the real story. They stayed living together.
However, the state of Oregon also did little to collect on my child support, got 1st child support check when daughter was 23 years old and had 2 children of her own! I signed off on the amount owing, and the state immediately called every day multiple times a day; and my ex simply sent a check to the county for the full amount the state never bothered to collect. By the way, the State office was located in the same county that collected the full amount! So, not dead beat dads but dead beat counties and states folks!
Don't get married until you talk to a lawyer about the child support issue and you know all the facts. Then decide how you wish to handle the situation. There is no way the father shouldn't pay child support, but I'm not sure if all the states make the new spouse contribute.
Your income should not count in the child support calculatoins. To be sure though, call your local Child Support Enforcement Office and ask them. You can get the number through information or the local Social Services office. Also, you can go online and look up your states child support enforcement site and see if the question is answered there.
Beware! I was told by attorney that my income should not be used. However every time we went to court for more support my income was required yet the mother's new husband was not required. So long story short they used my income at $54,000.00 a year, and the judge had the audacity to say "I feel I need to level the playing field." Not my fault I had an education and well paying career. So good luck.
Ask your attorney these questions, no one here is qualified to answer. Also the federal government will only withhold your tax return if you are behind in your support payments. I would find out from your husband via printed sheets from the support office, if he is behind. Been there done that, my ex-husband lied about info and I had to ask for printed documents. I told him they would be useful in court hearings. This is how you find out the truth. Good luck.
You will surrender your tax return money if he owes money because when you or your spouse owes money, and you are married his debt becomes yours and vise versa.
Nobody ever wants to pay a penny more for child support than they have to do they? I really don't think this is the place to ask legal questions because you see how many different answers you got.
See a lawyer. Make your boyfriend bring proof of everything he claims and make your decision about whether you still want to marry him. When you marry a man with kids there is a responsibility there for you too. The child may have to come and live with you because of unforeseen circumstances. If you can't at least accept the fact that you will be part of this child's life in some way big or small and that includes money then look for someone who does not have kids.
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