Legal Question in Tax Law in New Jersey

I'm getting married to a man that pays child support and I'm thinking about a prenupt because I don't think it's right that I have to be a part of that. How does it work taxes wise?


Asked on 1/27/12, 11:21 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Child support is not a tax deduction, but may go to the issue of who gets to claim the child, him or the ex-wife. This could change his filing status to head of household, rather than single - somewhat better than just filing single. As a spouse, you are not obligated to contribute to his support payments, but if you file a joint return entitling you to a refund, and he defaults in paying support, the refund could be used to meet his support shortfall. Thus, your share of the refund could be lost. This is a general response and more or different facts could change the answers.

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Answered on 1/27/12, 12:24 pm


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