My wife and I were married in 2015. She has 2 children (who live with us) and is receiving child support from her ex-husband. We are worried that at some point, her ex-husband may try to get a reduction in child support. If he does try to get a reduction, and we file our 2015 taxes married jointly, how will my income be incorporated into the child support case, if we need to disclose our 2015 tax return of combined income. Note my income is considerably more than what my wife's is. By filing married jointly in 2015, we will pay less taxes, but if it could cause potential legal issues down the road, I would be OK with filing married separately. Thank you for your help.
Only your wife's income is considered for her child support case. The court would look at her paystubs, W2, and financial affidavit to figure out her income. Most likely the joint tax return will also need to be disclosed but your income should not be considered to calculate child support. The only way your income would come into play, if your Wife reduced her income after marriage and you pay all her bills (that's an oversimplified explanation of that).
Best of luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
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