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Subject:  Married joint vs Married single Date:  2/5/2012  1:44 PM
Author:  legalwordwarrior Number:  114957 of 127616

Long story short:

Daughter married in 2010. Her new husband has children from a previous relationship. Daughter had new baby in Feb 2011. In April 2011 they moved 3 hours away to live with his rcently widowed, disabled father to help him out, but SIL had a hard time finding a job and didn't actually get hired with his current position until September. In the meantime, he missed a court date (the AG didn't have his current address) filed by his ex. She lied about his support of his daughter, and he ended up with a judgment against him going back 4 years to when his daughter was born (he actually lived with the mom and supported the family for 2 1/2 of those years). Now he is paying the majority of his income to current and back c.s., but understands that any refund he gets will be taken to cover additional back support.

Should he and my daughter file as married filing separately, so what money she paid in doesn't end up going to his ex? Or should they file a joint return with her filing an injured spouse claim form?

They don't have a problem with him having money pulled from funds that he earned, but she doesn't feel that it's her responsibility to pay for his daughter from earnings that she earned on her own.

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