Legal Question in Family Law in California
My husband has back child support and he is unemployed, I have separate accounts for this reason so child support doesn't come after my assets but if i file joint tax returns does that increase my husbands income? Can child support come after my income if we file jointly? I do understand my refund will be forfitted to child support services but I just don't want them to come after my income.
3 Answers from Attorneys
The only income exposure is earnings made by your husband. Filing jointly may have a small impact on his support exposure. Prospective support should be calculated on his unemployment.
The fact that the parties file jointly is one of the factors that goes into the calculation of child support. I'd have to tinker with the calculation and have the exact numbers to tell you the effect. You may want to contact the family law facilitator at the courthouse and see if they will run a dissomaster on the issue.
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