Q: Is it recommended to file taxes separately when husband has child support obligations?
Husband had child outside of our marriage. After that mess, we managed to still be together. Financially, I would not like any of my hard work /financial to be something the birth mother can use to her favor. My husband has 50/50 custody with child support obligations. If any motion is filed and we have to provide financial information such as taxes. Can my information be redacted? Or, is it recommended that we don't even file together?
A: Only your husband's income would count towards the child support obligation. You have no legal obligation to the child so you income cannot be considered for calculating the obligation.* His income is proved in ways other than tax returns. His W-2 shows only his income.
For calculating how much he can afford to pay on the arrears, if any, they may consider your income for purposes of how much HE has left over after his contribution to the bills. But the court will not presume you will pay 100% of the household expenses while he pays off the arrears. A lawyer can explain this better in person.
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