Legal Question in Family Law in Louisiana

yes me and my husband been married two years and the second year we filed joint on the tax rturn. i found out that he had a previous chile an had not paid child suppor and they took the entire refund.l how can i porevent his from happening again, even after i divorce this man and wil they camome atter my check and garnish it , if i dont divrce this man

Asked on 2/22/10, 2:57 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

In theory only 1/2 of your income is his income, so you could argue with the IRS about it. Remember, his debt does not become your debt, however, simply speaking, 1/2 of your income becomes his and 1/2 of his income is yours. You could decide to become separate in property which would then make your income yours, his his alone. You would then file your taxes as married filing separate. The child support must be huge, or worse yet, you were the only one with an income, because you are talking about divorce. If you are the only one with income, and he hid the back support from you, you may have bigger problems as you find out more.

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Answered on 2/27/10, 6:02 am

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