Getting Married - How Will It Affect My Taxes?

NikkiQSM

Quite Involved in Discussions
#1
Hi All -

Quick question regarding taxes. I am getting married next weekend. My fiancé has children from a previous marriage. He is currently paying child support, but still has some back owed child support.

Will our tax refund be seized for the back child support when we file next year?

If I filed separate from him, would I at least keep my tax refund?

Thanks for the help!
Nikki
 
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PaulJSmith

#2
Consult with a tax attorney for the best advice.

I have a friend who married a woman who owed back child support. One day, the State of Illinois swooped in and emptied their joint checking account to collect the money. Their justification was that, since they were married, it was a shared asset. Not sure how that reflects on your situation, though.

... and CONGRATS on getting married!
 

Marc

Hunkered Down for the Duration
Staff member
Admin
#3
I *really* have to agree strongly. Have seen the same thing where the marriage led to a friend's assets being taken because the person she married was having child support "issues". Dangerous waters...

To begin with, you need to keep all assets totally separate. I'd get an attorney involved before saying "I do". Congrats, but beware.
 
B

bigqman

#5
Congratulations Nikki on getting married!! Our marriage is a blessing, but I have no tax advice to offer - we are on an installment plan with our "friends" at the I.R.S. !
 

NikkiQSM

Quite Involved in Discussions
#6
Thank you!

I did a bit more research and have found that filing separately may be the way to go. Doing so could mean that we miss out on EIC :(

But I also read that we can file jointly and if the IRS does take our money, I can file an injured spouse claim and get back my part of the refund :)
 

Michael_M

Trusted Information Resource
#7
First I will say congratulations but I will also ask a difficult question (note, I am not an attorney and don't know much about this):

Why get married in the first place? I don't know what state you live in but common law marriage is actually rare. This may be a man/women thing, but the older I get the less advantages I see of having the marriage licence. Live together, do everything as if you are married might be a better prospect.

Again, just pointing out an alternative. With a power of power of attorney I believe you can have as many rights as a married person.
 

Marc

Hunkered Down for the Duration
Staff member
Admin
#8
Michael, that is how Tracey and I live, including a general power of attorney, wills and appropriate "transfer upon death" declarations/certificates. And not to forget each should have a healthcare power of attorney drawn up.

I think most marriages are for religious reasons.
 

Sarah Stec

Involved In Discussions
#9
Congrats on getting married next weekend! It's T-17 days for me!

Also, thank you for reminding me to talk to my fiancee about getting in front of that financial planner...

I also agree to seek the counsel of an attorney re: taxes and child support owed.
 
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