Does New Spouse’s Income Affect Child Support?
If my ex wife takes me back to court to review child support, is my current wife’s income considered?
No. Only your income is considered.
Q&A Archives
Questions
Child Support for Working Child
Child Support for Working Child
My minor son will be graduating high school early and wants to live with his mother full time. If he’s working full time can his mother get an increase in child support even though he’s out of school?
If your son is NOT emancipated and is under the age of 19, child support is applicable. Whether or not the mother can get an increase depends on both of your incomes and any income which can be attributable to your son. The Child Support Guidelines would have to be run to ascertain an amount.
Filing Taxes and W-2s
Filing Taxes and W-2s
What is to be used for actual gross income, my husband’s x wife’s w2 is based on federal non taxable items, such as flex benefits. Her w2 which she provides is almost 12K different from her last pay stub. but, yet my husbands last pay stub is his w2. Her Actual gross income should be used and her last pay stub vs. last pay stub?
Gross income for child support purposes includes salary plus some benefits. If the benefits reduce expenses that an employee would ordinarily pay such as car expense, housing, meal subsidy, those benefits are considered income and added to the actual salary amount.
Claiming a Former Spouse’s Child on Joint Taxes
Claiming a Former Spouse’s Child on Joint Taxes
Colorado law says that a parent can’t claim a dependent on their taxes if it won’t benefit them. My ex-wife hasn’t worked all year and so a dependent would not benefit her individually. But she’s filing jointly with her husband and it would benefit their joint tax return to claim the dependent. So, does her husbands income figure into if a dependent can be beneficial on her taxes?
Good question. C.R.S. 14-10-115 (14.5) states in relevant part that “A parent shall not be entitled to claim a child as a dependent … if claiming the child as a dependent would not result in any tax benefit.” I am presuming your x-wife is the primary caretaker and you pay child support. Given that assumption, my answer is since your x-wife would benefit by taking the dependency exemption by filing jointly with her husband, she would be entitled to the exemption.
Retroactive Child Support for Uninformed Father
Retroactive Child Support for Uninformed Father
If paternity was recently established (child is 7) but father was never informed of pregnancy, what is the likelihood of a retroactive support order being issues?
It depends on the statute under which the case is filed. I am assuming that you were not married to the mother and the case would be filed under the Juvenile Code. Therefore, liklihood of retroactive support is 100% as the statute provides that child support may be retroactive to include the cost of the mother’s pregnancy and child birth expenses.