Q: I filed for child support. The other party hasn’t filed taxes in 2 years will that effect anything?
A: In Texas, a parent's failure to file taxes may impact their ability to pay child support. When determining child support amounts, the court may consider the income of both parents. If the other party has not filed taxes for two years, it could affect the court's calculation of their income.
Under Texas law, both parents are responsible for supporting their children, and child support is calculated using the paying parent's net income after taxes and deductions
Therefore, if the other party has not filed taxes in two years, it may affect the calculation of child support. However, the Texas Attorney General's office can still enforce child support orders even if the paying parent is not current on their taxes
It's important to note that child support payments are not considered taxable income for the parent receiving them in Texas. Additionally, child support payments are not tax-deductible for the paying parent
If a parent falls behind on child support payments, they may be required to pay the outstanding amount, also known as arrears
Every child support order in Texas contains an income withholding order (IWO) that requires the paying parent's employer to withhold the child support amount from the paying parent's paycheck. Once the employer withholds the funds, it must then send it to the state child support enforcement agency or a local registry, which will send payments to the recipient parent
In summary, if the other party has not filed taxes in two years, it may affect the calculation of child support, but the Texas Attorney General's office can still enforce child support orders. Child support payments are not considered taxable income for the parent receiving them, and they are not tax-deductible for the paying parent. Every child support order in Texas contains an income withholding order that requires the paying parent's employer to withhold the child support amount from the paying parent's paycheck.
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