[teah426]

I was just engaged on 12/14/07. My S.O. is paying child support (with a small amount of arrears) each week to his older children. We do not want to get married until we are sure that my income will not be affected by his child support obligations. I agree he should pay support for the children he had prior to us getting together, and also contribute to other needs (i.e.-clothes/shoes, school functions/trips, college/supplies, etc.) While they don't know it, I contribute to that already. He contributes financially to my children so I should reciprocate. But I do not want my wages or tax returns affected because of this. I have two children of my own to support. Is it possible in NY to have our incomes separate when it comes to previous child support arrangements or is that NY State law that my income be included in his? I would appreciate any advice on the subject. Thank you so much and happy holidays!

[JudyKayTee]

I was just engaged on 12/14/07. My S.O. is paying child support (with a small amount of arrears) each week to his older children. We do not want to get married until we are sure that my income will not be affected by his child support obligations. I agree he should pay support for the children he had prior to us getting together, and also contribute to other needs (i.e.-clothes/shoes, school functions/trips, college/supplies, etc.) While they don't know it, I contribute to that already. He contributes financially to my children so I should reciprocate. But I do not want my wages or tax returns affected because of this. I have two children of my own to support. Is it possible in NY to have our incomes separate when it comes to previous child support arrangements or is that NY State law that my income be included in his? I would appreciate any advice on the subject. Thank you so much and happy holidays!

The Court should have addressed this with you - child support in NY is purely and simply by Statute. You make X, you pay a certain percentage for 1 child, a certain percentage for 2 and so forth. Has nothing to do with what you own or what you spend - it's a preset percentage of the PARENT's income. Nothing to do with your income.

Having said that - arrearages are different - the Court can (and probably will) obtain a financial statement involving your household which, of course, includes you. Arrearages are NOT set by Statute and the Court makes a determination on the evidence.

[sunnyMI]

Your income will not be withheld to pay his child support obligations. When it comes to tax returns, you will have to file an injured spouse form so your refund (if applicable) won't be withheld to pay for any arrearages. The only time a new spouse's income is accounted for is in Community States, so unless you live in a Community State (Texas, Washington, etc) you are not responsible.

[JudyKayTee]

Your income will not be withheld to pay his child support obligations. When it comes to tax returns, you will have to file an injured spouse form so your refund (if applicable) won't be withheld to pay for any arrearages. The only time a new spouse's income is accounted for is in Community States, so unless you live in a Community State (Texas, Washington, etc) you are not responsible.

Are you referring to the IRS (and State) Innocent Spouse forms - I am not aware of an injured spouse form although one may well exist.

I was under the impression that community (property) States still hold spousal income for child support purposes separate and the community property laws pertain primarily to taxes and/or matrimonial settlements. Do you have a site?

I also think it's a good idea in an arrearages situation to have separate bank accounts so there can be no error - if an account is seized or frozen in error getting the money returned can take time and be frustrating.

[sunnyMI]

The form is 8379 injured Spouse Allocation. I would suggest you file jointly, and IF needed file an injured spouse form so your portion of the return will not be withheld. I live in MI and there is a toll free number you can call to see if there is a withholding order placed on any account (tax refunds, etc). Tax refunds are not usually withheld unless the arrearages total 3 months or more of support. If you are filing electronically, your accountant should be able to alert you with in 24 hours if there will be a hold on your return. I would not suggest filing separately as it will put you in a different tax bracket!

If the new spouse has an income, it is not considered for child support, because he/she has no legal attachment to provide support to the child. The additional income may allow the supporting parent to spend less, so more money might be available for the monthly support payments.

EVERYTHING should be kept separate. Anything joint (house, automobiles, bank accounts, etc) can be subject to a lien and/or frozen if arrearages exceed a certain amount.