Should I have to pay for my husband’s backchild support out of my tax return?

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Should I have to pay for my husband’s backchild support out of my tax return?

I have been married for 7 years and every year I have to file a Injury Spouse Form with my tax return. This is so that I can hold on to my earnings, but in the end I still get money taken out of my tax return. I would like to know if this is the law or can I try to get my money back. My husband has not worked for sometime (and he has some kind of back child support owed) that he has to pay. This support order is not for any of our kids.

Asked on December 27, 2010 under Family Law, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Washington is one of few states that actually obligate step parents in the child's expenses (child support).  This is actually a worthy cause, because it covers the theory that both spouses are responsible for rearing the child.  I will put the philosophy aside for now and put it this way: the court would essentially like you to treat your step children as your own. The Washington State statute obligates both of you to pay for the child's education and upbringing.  So, you will be held responsible for those costs if your spouse cannot pay unless you file for dissolution of marriage and you petition the court to not be obligated to pay/contribute to the child support.


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