CS based on Jointly Filed Taxes?
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My husband and I filed jointly last year, so our taxes reflect a combined income. The court is requesting this be submitted, but aside from the W2's there is nothing showing what is his and what is mine. Will my income now be included when they decide CS? Or will they strictly go by his current income from pay stubs?
You aren't a party to their
You aren't a party to their divorce, and your income should be none of their business. In your shoes, I would redact my part of the tax return, so it would only show his income. But I'm not a lawyer.
https://www.divorcenet.com/resources/remarriage-and-child-support-kentuc...
In your shoes, if your marriage causes his CS to go up, I'd divorce him. But it looks like your child might cause his CS to go down.
DH and I are married filed
DH and I are married filed jointly for taxes. When his CS was calculated, we provided his W2s and our tax documents. I think they just used them to cross reference because they only calculated CS based on his income.
You can redact your
You can redact your information. All they really need is the W2.
Our taxes were required by the court.
As was my W-2 and my wife's. And our mortgage information, 401Ks, investment accounts, checking savings, etc...
My income could not be used for CS calculation based on SpermLand regulations. It was used to award the Spermidiot an income reduction credit which lowered his. Max CS obligation by $50/mo. Idiots in stupid Harry Potters robes slinging Fisher-Price pre-school wooden hammers are still idiots from the bottom 10% of the legal profession. Sadly, they far too often find their way to the bench. They are particularly prevelant on the family law bench. Morons put them where they can do the most harm to children. For some odd reason.
The Dipshitiot never provided his taxes or any other financial information other than his last two pay stubs.
I fought with the judge about not being a party to the case yet having to provide my income information. I was threatened with a contempt motion while on the stand. Ultimately I provided it. Though I did scare the shit out of him by taking out a full page add in the local paper highlighting his idiot decison to force a 2yo into the presence of a repeat statutory rapist with a long arrest record. He was quite upset when he called our SPermLand attorney to pressure her to have me withdraw the add before it ran. He haad a family member at the paper who called him when they proofed the add. I did withdraw it. He recused himself from any further court cases associated with our case. He was up for re-election and did not want that add to run.
Our attorney was relieved that we agreed to cancel the add. She was worried that being associated with us would hurt her practice by pissing the Judge off. She also did not want him influencing potential clients away from her.
Even when the rules say SParent income cannot be considered in CS calcualtion, there can be loopholes that idiot robbed wooden hammer slinging morons can use.
While your income should not
While your income should not technically be used for CS calculations.. there are a couple of situations where it might be.
1. If the court has reason to believe your DH is underemployed.. possibly intentionally so to avoid paying CS.. they may impute his income to a level that they presume he should be able to earn.. possibly a prior documented income. The reason being that let's say you two decide he should be the SAHP to your child.. because you earn enough to support your family.. that doesn't make it fair that his obligation to his child should be reduced.. so in that case.. if you are earning much more than him.. if he is not working at a job at his prior level.. yes.. they may look at yours and decide he is making the CHOICE to earn less.. so they will impute.
2. It's also possible if the judge sees a high imbalance in your household income.. that they could be more inclined to weigh more heavily to giving BM more of what she is asking for... the CS calc can be somewhat set.. but he could award more for specific carve outs.. child care.. tuition.. more for med expenses etc..
My first inclination would be to see if my info could be redacted.. especially if you make a lot of money.. and even more especially if your DH has been working at less than he used to make.
One area where the govt will require to see your "household" income is in the FAFSA for student loans and aid in the US. they want the household income including spouses of the primary household.. that doesn't mean you will need to pay for your SK's tuition or take out loans.. it will just determine the "parent" obligation. or "what the kid will need to borrow or pay over and above aid".