Sunday, August 12, 2012

CAN CHILD SUPPORT ASK FOR MY INCOME, FOR MY HUSBAND'S CHILD?

QUESTION: My husband is disabled and receives disability. He gets $800 a month and $200 comes out for arrears. $100 comes out for medicare. He gets $500 a month. Child support is asking for my income info to decide what he must pay. Am I obligated to give my info?

MY RESPONSE: You are not obligated to provide that information to the Child Support Agency unless they subpoena your pay records, but you would be wise to provide that information if they request it. Your income cannot be used as a source of Child Support payments, but it should be considered for purposes of determining marginal income tax rates if you and your husband file joint income tax returns, in which case, marginal income tax rates will affect the amount of your husband's Child Support obligation. The more you earn, the higher the marginal income tax rate on the joint return, the less net income of your husband is available for Child Support, and the less his Child Support obligation should be.

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