Question For A Tax Attorney: Does My Child Support Payment Go Up If I Get Married And File A Joint Tax Return?
Wednesday, January 20th, 2010 at
10:40 am
my current payment is based on my income now. i am getting married next year and wasn’t sure if filing a joint income tax would be bad.
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Tagged with: attorney • Child • File • Joint • Married • Payment • Question • Return • Support
Filed under: Attorney FAQ
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Child support is actually based on your gross income minus allowable deductions (federal, state, and local taxes). If you file a joint return, you will pay less taxes, making your income for the purposes of child support increase. By filing separately, you will pay more taxes, thus decreasing your income for child support purposes.
Child support is typically based upon your income. Your income won’t change just because you get married. (And at least around here the judges will ignore the fact thay you are feeding some new mouths so they won’t cut the payments either.)
If you are in arrears and your tax refunds are being captured, your new spouse will need to file Form 8379 with your paper joint return to protect their share of any refunds due.
The courts base child support on your income alone … it won’t include hers. So yes, you can file a joint return.