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Getting married

Started by reflect, Jan 07, 2004, 04:44:53 PM

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reflect

Hello, a couple of questions. I'm going to be getting married soon and want to get some information about bank accounts, buying a house and tax forms. I don't want the custodial parent or the state to look at both incomes and raise support - it's already at over 50% of my gross income. My girlfriend has a descent job and can upt money down for a house, but do I want to remain off the papers for this?  Also, should we file separately and not have a joint bank account? Basically, I don't want to get her pulled into this financially if I can help it.

MKx2

There are VERY few states that have an [em]option[/em] to include a second spouse's income for calculating child support.  I don't know if I've even heard of that happening on this board - though I've only been here for about a year.  I'm sure there are others here who would know if there are/were.

As far as the house is concerned, why would you NOT want to be on the house?  Your ex can't take an asset from you after you divorce.  She has no claim to anything after that, unless of course you have something written into your court order that would allow that.

As far as checking accounts ... it might be wise to have a joint household account for purposes of mortgage payment utilities and groceries, while maintaining separate ones for personal things and credit card payments (the ones you have in each of your names).  We've never had seperate accounts and never had any problems (10 years now).

Filing jointly shouldn't be a problem -- if there is ever an issue concerning a tax refund, your soon-to-be can file a form called "Injured Spouse" which will allow her to receive her percentage of any refund due on the joint return.  I had to do that one year and it wasn't a problem - a very simple form you attached to your Federal Return.

Sheesh - I know you're trying to protect her, but ... don't make too many things seperate - in the long run you might be asking for some bad feelings on one or the other, or both, of your parts.

Congrats on your upcoming wedding - and good luck to you both!

reflect

Thank you for the information. I live in California, where laws are very difficult on the NCP. I was never married to the other mother either. I've had bad experiences with the judicial system due to all of this and have been trying to educate myself as much as possible. Everything I've heard up-to-date suggests that nothing is safe, including my soon-to-be-wife's finances in regards to purchasing things together. If my name is on a house, it is an asset they might try to take should I become unemployed or cannot make the high support payments. They also have mentioned about attaching onto a checking or savings account. I can have my own and then one for the both of us, but am I guaranteed they will not try to attach to that one as well?

I've been good so far, making all payments for nearly 7 years, but any chance that the courts might go after my new-wife's assets might destroy this relationship. So basically, are you sure about this? Anyone else have any information on CA law? Thank you so much.

MKx2

There is a HUGE archive of state information on this site.  If you double click on this word --  CALIFORNIA -- you'll get a search result page with several hundred articles.

We have quite a few posters here from CA, so I'm sure you'll get a fair amount of good information.

CA is an animal unto itself with some of the laws there (I'm allowed to say that since I was born and grew up in and around the greater L.A. area)  ;-)

nosonew

However, you may want to check about leins ---if you get behind in cs payments, ex can take out a lein against your properties, and if you try to sell them, she has to sign a release before you can.  

Anyone else?

leskash

My understandings are based on Washington law.  I do understand from friends that California is different and complicated.

This is not legal advise but merely my opinion:

Re your soon-to-be wife's income: in Washington, a new spouse's income cannot be calculated in determining the child support payment amount.  a new spouse's income can only be considered if you request a deviation to determine how much of the new household expenses you are expected to be responsible for.

Re income taxes:  you can file the injured spouse form previously referenced.  I have done this before and it wasn't difficult or more time-consuming etc.

re bank accounts:  if you have a joint account, it is my understanding that this account can be attached by the state/ex if you get behind in CS.

Re house:  I believe a lien can be placed on property if you owe back support.  

reflect

Thank you for this information. I agree - WA seems very similar to CA in these respects. So it looks as if I am ok with a joint account and having my name on the house as long as I don't owe back support.

Now I guess another issue arises. I went to court over CS when my daughter was almost a year old. The courts ordered support from when she was conceived, so from the start I owed back support. Is there any circumstance that is pretty normal where something like this, but for a different reason, can happen again?

I also have one other question. I receive my CS "bill" late everytime. In fact, sometimes it doesn't come for 2 months, instead of the normal month by month. When I get that bill, I immediately get a warning stating I am behind in CS and if I do not pay the full amount then a lien, or attachment will occur. I have asked numerous times for this to be corrected, but it never has. Can this also be cause for alarm in this matter?

Again, thank you to all for your help.

oklahoma

In regards to the late bill from CS--I wouldn't stress too much.  Certainly you shouldn't just ignore it, but as long as you are making payments, you are fine.

First of all, they really can't take any action (suspending license, seizing tax returns, etc.) until you are XX amount behind.  (I believe in Oregon you have to be $2000 or more in arrears.)  

Secondly, it is going to take time to get any action going, several months after you hit XX amount.  If you pay up, go below XX amount, then for some reason get behind again, the whole process starts over when you hit XX amount again.

Even after they send the threatening letters, in my experience, it still takes a little time to actually do it.  My husband spoke to his CSE caseworker recently and she told him as long as it was in by the end of the month, we were fine, even though it is ordered to be paid by the 11th of the month.

Neversaynever


>
>First of all, they really can't take any action (suspending
>license, seizing tax returns, etc.) until you are XX amount
>behind.  (I believe in Oregon you have to be $2000 or more in
>arrears.)  

I just posted on another board on this... My dh was filed "contempt of court" for two (2) months of unpaid CS. The amount was around $500.00.              Be warned, 'they' can do anything they want.  

Neversaynever

I've always had a problem with this.  The income/expense form in CA asks (regarding other persons who live with you):

Name, Age, how related, their gross monthly income and now if they pay some of the household expenses.  

Yep, they can get the joint bank account.  My understanding is that any account with your name on it (say you have a savings account for the child with your name included).  

Yes, they can place a lien on property and/or your business if self-employed.  

oklahoma

I realize laws are different from state to state--just thought that this particular aspect was universal--perhaps it is not.  We have researched many aspects of child support *in Oregon* very carefully.  It was a CSE caseworker who told us specifically they could not do anything unless my husband was $2000 or more in arrears.......

Actually, when we first lost our business and my husband missed his first few CS payments (after 7 years of missing none), my husband told BM to call CSE and ask them to do something, which of course she did.  They still had to wait until we hit that magic number.

Was it CSE that filed contempt or the CP?  CPs can--and certainly will--do whatever they want.


oklahoma

While in most situations the income of the new spouse cannot specifically be used in calculating CS, it can and probably will be taken into consideration.  It's just the human factor that is involved in the whole process.  Let me explain further with my own experiences....

About 3 years ago BM (CP) filed for CS modification.  In the hearing my husband explained that I was not working and we relied completely on his income, while BM and her husband both worked full-time.  The judge raised CS, but not as much as she could have, and our attorney felt it was because we had only one income to BMs two incomes.

Last year, we filed for a CS modification.  This time the judge asked my husband very specific questions about my income (at the time I was working full-time.)  The judge determined essentially that my husband could pay the previously ordered CS amount--which was more than his actual monthly income--and let me support our family. (Of course that is not what the order said, but that is what it amounts to.)  But, the judge would not allow my husband to ask BM anything about her husband's income.  Go figure!

reflect

I've been told that on your IRS forms, if you file, jointly, that if the CP files for modification, you can black out your spouse's income to avoid the courts from viewing this information. Can the same principal be applied if you were to go before a judge or are you required to give that information? It doesn't make sense that you cannot ask for the CP's husband's income if you have to disclose yours. But of course nothing really surprises me anymore with this system.

So reading everyone's information, it seems to me the best thing to do is to have separate bank accounts. Puchasing a house under my wife's name until support has ended might be my best defense as well.

wendl

I replied on the cs board.

I recently got married, at the time I had more assests than my husband, what we did was:

We have NO joint accts, should he for some reason get in cs arrears then they can put a lien on any accts that had his name on it, same with houses, cars etc.  

We file our taxes seperately, bm is entitled to copies of tax returns every two yrs and she doesnt need to know how much money I make.

Should the ncp become in arrears, they can put liens on ANY property that his/her name is on.

As for the home, what I tell my clients (I sell insurance) is list them on the policy as an additional interest.


Now let me tell you I am glad we have NO joint bank accounts, bms atty requested 5yrs of bank records, that would show how much money I put into the account and that personally is none of bms business.

This is just what dh and I decided to do.

:)

wendl

Leskash you are right about WA, they CAN put liens on any bank accounts and property cars, house etc that the ncps name is on.

What part of WA do you live in???

DH and I file our taxes seperately cuz bm gets copies every two years per court order and she doesnt need to know how much I make therfore dh and I file seperately.

wendl

well your cs should be the same amount every month, therefore I wouldn't wait for the bill, mail in the payment  and keep your cancelled checks, photos copy and old bill if need be and put the current month on it.

or you can request garnsihments from your paycheck where you wouldnt have to worry about it.

JMO

leskash

I live in Spokane.  I previously lived in Western WA but moved back to Spokane a year ago.

leskash

They cannot use your income in figuring the actual amount of support i.e. put it into the worksheets but they can use the spouse's or even live-in's income in determining how much the parent has to actually contribute to the household.  THis is why when DH files a financial declaration for CS, when it asks for spouse/live-in income, we put see financial declaration.  that way the judge can see that yes I have an income but that money is used up for me and my children.  In my opinion, this lets you paint a better picture.

Neversaynever


>
>Was it CSE that filed contempt or the CP?  CPs can--and
>certainly will--do whatever they want.
>
>
CP said it was CSE, CSE said it was CP.  CP works for CSE, so your guess is as good as ours.  

IPutMyGirlsFirst

Jeez marie!

DH and I have been doing things completely wrong! We'll be changing quite a few things in way we do our finances! :0\