Will My Ex Husband's New Spouce Be Responsible For Helping Him Pay My Child Support?

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  • SupportPay Customer Care

    Child support law varies from state to state, but calculating support generally involves guidelines that take into account the incomes of the parties, medical insurance, child care and extraordinary expenses. Since you owe no duty of support to your husband's children, your income is typically only relevant to child support establishment if you and he have children together. A judge might use your income, for example, as grounds to deviate upwards from the normal child support guidelines in a case where your husband earns barely above the poverty level.

    While your income and assets are generally irrelevant to child support and managing arrears, there are a number of ways your finances could come into play other than figuring his credit for children you and he have together. Under the laws of most states, a noncustodial parent's tax refund can be seized to apply towards back child support; therefore, if you file jointly, you may lose a refund based on the joint return since it may be seized. However, you may file an "injured spouse" application with the IRS and have your portion of the refund returned to you. Some states also allow a new spouse's income to be counted in certain cases and some states may also consider your income if your spouse's child receives public assistance or your spouse intentionally became unemployed or underemployed, reducing his income, and relies on your income for support.

    We would suggest you contact your state child support system directly. You can find a link to your state child support agency by visiting: http://www.acf.hhs.gov/programs/css/state-and-tribal-child-support-agency-contacts-map.

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