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I need to know if my new husband is legally responsible for my child support? He is not the father and had his taxes taken.

Mobile, AL |

The father and I signed over custody 6 years ago to my mother. I got remarried Feb. 2007 and went to court Nov. 2007 to pay child support. Last year they took my husband's taxes and my mother is threatning to sue him for his taxes this year. Recently the father and my parents decided they wanted to go thru with adoption, which will drop past and future support. My mother informs me that she has to pay alot for the lawyer and that if I don't pay her some money now, then she will sue my husband for his taxes for this year and "GET HER MONEY ONE WAY OR ANOTHER". Well I don't believe I should pay her lawyer fees because I didn't start this motion. I went and signed adoption papers over like she wanted. I am pregnant and having a really hard time already, now homeless living with friends.

Attorney Answers 1


Generally speaking, if you have filed jointly with your new husband, then any refund that you receive can be applied to your child support. The basic idea is that by filing jointly as spouses, you are each liable for certain debts of the other spouse.

However, your husband can file Form 8379 in order to prevent his portion of the refund from going to your child support payments. The amount of the refund that you receive based upon your income, credits, paid taxes, etc. will continue to go to child support. The amount of the refund that your husband receives will go to him.

Answers submitted on Avvo's online service do no create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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