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Decimated by Child Support and the IRS. What can I do?
My wife ran off with a barrel full of money in our divorce for child support. I gross $1500 per paycheck (2 per month) and she is getting $1350 per month leaving me with less then $500 net every two weeks. I also have 3 deduction which never got changed and the mean %!*@# quickly filed her taxes with my daughter so that I now owe the IRS $3000 because I was deducting the two of them for most of the year (2008) and have no way of paying them back. If I lower my deductions to single 1 dependant my net take home would be just over or under $300 bi-weekly and if you can live off of that may the gods send their blessings. So I'm stuck between a rock and a hard place. I pay the support but it is so much that I have had to cancel visits due to having no food or gas to pick up or feed my child with.
I figure that at some point I am going to go to jail for either failure to file or tax evasion but as you can see three hots and a cot is not a bad deal in my situation. However to avoid this I wonder if there is anything I can do. Can I avoid jail or is this inevitable and her revenge complete.
7 Answers
- wizjpLv 71 decade agoFavorite Answer
I'd invest a few bucks in a family lawyer. Nothing there that he can't fix.
- MindlinkLv 51 decade ago
Go back to court and file for a "variation" of the child support order. A judge's decision in family court support hearings is based on 1) one party's need, AND 2) the other party's ability to pay. The judge must weigh the two and come up with an equitable arrangement in keeping with the child support guidelines of your state. There is no family court order which cannot be varied if there has been a "significant change in circumstances".
Also, the following link may provide you with the impetus to fight for your equal rights: http://www.nationalcenterformen.org/index.shtml
Good luck!
- drkangel210eLv 61 decade ago
It sounds like she's a real piece of work, but is there any way at all you could talk to her and tell her what your situation is? At least see if you could convince her to not claim your daughter on her taxes. Try to smooth things over for your own good, because the courts don't seem to be doing much to help you.
If things are even close to being as bad as you say they are, there's something wrong with the system. I'm all for the non-custodial parent paying some amount of child support, but I don't think that someone should have their means of subsistence taken away.
- Jeff77042Lv 61 decade ago
"I feel your pain" and "I resemble that remark."
I don't understand how your ex got such a large percentage of your net-income. I live in Texas where the guideline is 20% of your net pay for one child and 5% for each additional child. We had two children so she got 25%. I also got screwed on taxes similar to what you described.
But that was years ago. In the end I got the best part of the bargain because my two sons like me a whole lot more than her. They choose to live close to me.
I don't have much in the way of advice. Can you get the child-support reduced? Live with your parents? File for bankruptcy? Add a part-time job? Sorry guy; the very best of luck to you.
Source(s): Been there, done that. - How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
Check your divorce papers closely.....and contact an attorney. The Court is not allowed under Federal Law to garnish, or to order withheld an amount that would exceed 50% of your disposable income. If they are, then the Court is in violation, and it can be reversed, with the Court being held liable. If you, (and your paycheck) were providing 50% or more of the children's support, then by law you are allowed to claim your dependents on your tax return, regardless of what your ex does.
Contact an attorney, get all of your paperwork in order, and go see him. That's what they're for.....
Good Luck
Source(s): Been there...done that - donotbuyakiaLv 61 decade ago
File for a child support modification. She is getting way too much in child support. Somebody made a mistake somewhere, but only the courts can fix it.
- mcmindfulLv 41 decade ago
after 3 divorces ,the last being in FL don't even get me started.Pay the money and quit complaining.Be happy you have a job.Everything works out.Let the bad Karma be hers not yours.
Source(s): Life: Chapt 65 Verse5