I am engage to gt married, but one of our concerns is that my income would be combine with his, and the ex will request more $$ based on my income.
2007-08-03 11:54:19 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It realy depends on which state you are in. In California, where I practice law, your spouse's new income cannot be considered regarding a paying spouse's obligation. There is case law directly on point which prohibits a court from making this consideration. Further, it does not matter how you file taxes to the extent that if you filed married joint that you are somehow waiving this area of law. That is ridiculous.
However, how you file and what you claim for taxes DOES affect your ultimate tax liability and accordingly it DOES affect your adjustable gross/net monthly income for spousal support purposes. That is to say, many spousal support orders are REDUCED because of the added tax burden of filing married joint and additionally because your new spouse's income most likely will send you into a higher tax bracket.
2007-08-08 09:32:07 · answer #1 · answered by Daniel 6 · 0⤊ 0⤋
This is a legal issue which only an attorney can and should advise you. Have a pre-nup agreement drawn up by your attorney to protect your assets going into the marriage and while you are married. It is a very delicate issue, but I highly recommend that you get legal counsel. Every thing is so romantic while you prepare for marriage and some people feel that by preparing yourself with a legal document takes the thrill out of the marriage, but it is the only way to protect yourself. It does not mean that you do not love or trust your spouse to be. It does not mean that you feel your marriage is doomed for divorce. It is just a safe way to protect yourself. His divorse degree is honored by the court and you do not mention if kids are involved. Some people do bring their spouses back to court to increase alimony payments. Have your attorney review his documentation.
Good luck and congratulations! Best wishes for a long and healthy marriage.
2007-08-03 12:21:39 · answer #2 · answered by chillin 6 · 0⤊ 0⤋
You should ask your attorney, but I "think" your spouses income is not included in the formula for figuring child support. You ex may try to get more but I don't think legally it can be done.
2007-08-03 11:57:45 · answer #3 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 1⤋
yes you are out of luck, sorry he did that but it seem he was honest about it .there is only one thing you can do and that is to get a better paying job, how about moving in with the kids for a while go to a quick paced school and learn a trade like nursing or something then get a really good job!
2016-05-17 11:02:23 · answer #4 · answered by florene 3 · 0⤊ 0⤋
You weren't married to her, and the answer is no. Talk to an attorney. When you file your income taxes, you file married but filing separate to keep your incomes separate.
2007-08-03 11:56:52 · answer #5 · answered by Sparkles 7 · 0⤊ 0⤋
they cant do that because ur future spouse wasnt married to them. its like child support. i filed for it and when they were figuring out how much i get, they did not include my husbands income because he isnt her biological father.
2007-08-03 11:58:49 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Nope, personally I think alimony is dumb. If your not married to that person then you shouldn't be taking their money.
2007-08-03 12:00:36 · answer #7 · answered by Mark and Allie 3 · 0⤊ 1⤋
Don't think so but get advice from a lawyer in your State.
2007-08-03 11:57:04 · answer #8 · answered by kitkat 7 · 0⤊ 0⤋
I would think your ex would try, but I don't think it would work. I would speak with an attorney though
2007-08-09 12:16:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I recently got divorced and so I know that this does not happen so you are safe to go ahead.
2007-08-11 10:05:20 · answer #10 · answered by scottygirl 2 · 0⤊ 0⤋