Fort Pierce, FL asked in Child Support and Tax Law for Florida

Q: When we get Married will any of my income be taken as part of his Net income for child support to his ex wife?

Fiancé & I live in FL. He pays child support to Ex wife for three children. When support was ordered it includes 2-3 years arrears. Now two of the children are over 18 the youngest is 15.

Still paying the same amount as when paying for three as ordered untill arrears are paid off. Also any bonuses or tax income automatically goes to pay that off too.

We now have a child together and want to get married asap. my question is when we marry will my income be part of his Net income & will any tax return to me be automatically be applied to arrears & would I be able to file separately?

I know it will pay off the support quicker but it is just not enough to live off if my income is taken and at this point the older ones are out of the home and still do not see where it all is being applied.

Thank you for any response.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Tax Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No, your income will not be taken to pay the child support he owes.

If you file your income tax return as "married filing jointly" (which usually is the best way to file), and if the tax refund is garnished, the IRS has a form you can file; it's called an "injured spouse" form. That should enable you to get your portion of the refund.

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