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Roger, Attorney
Category: Family Law
Satisfied Customers: 30908
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello I am currently being taken back to court for child support

Resolved Question:

Hello I am currently being taken back to court for child support modification now y ex wife and I have been divorced since May 2001 and under the divorced settlement I was ordered to pay 295.00 every two weeks. Now I have been paying more than the court order since Feb 2002 and I currently pay 330.00 every two weeks since Jun 2007 and this without being taken back to court. My ex wife and I as recently as May 2010 went over my check stub and it came out to me paying 307.00 every two weeks but she thinks I make more money than I do and I don't and my main concern is me paying something I don't know about like I did when we were divorced when she had a extra 50.00 put in per payment and I didn't know. So just trying to protect my rights
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

The court will order that you pay a specific amount based on your income and a few other relevant factors. You can calculate what you should be paying in support at the following link: or


The best thing you can do is get a court order so there is no question about how much you should pay.

Customer: replied 6 years ago.
That table is what I used to determine what it should be and that's when it came out to 307.00 now because my ex wife won't allow me to claim my daughter on my taxes the amount of taxes I owe is much more now she allowed me to claim her since she was born but says I can't because I won't give her any more money should I bring my tax forms to show my new federal tax rate
Expert:  Roger replied 6 years ago.
Whether you can claim the child isn't a factor in determining child support. However, you can ask the judge to order her to allow you to claim the child every other year, etc. to help you on your taxes.
Customer: replied 6 years ago.
But if my federal withholdings used to be me paying 5000.00 a year and now because I'm no longer unable to claim her and now I have to 7000.00 my federal withholding will be hire per check. She didn't tell me until the beginning of this year I wouldn't be able to claim her and because of that I now owe a additional 2000.00 dollars but if I would have know this I could have adjusted my tax withholdings so I wouldn't owe
Expert:  Roger replied 6 years ago.

I understand that, but it has nothing to do with your child support obligation. The change definitely has caused you additional tax liability, but that's immaterial in this instance - legally.


All you can do is ask the court to allow you to claim the child in the future.

Customer: replied 6 years ago.
Sorry I thought I accepted the answer but I do have 1 more question can she take me back for back child support even if I hadn't been back into court since our divorce in May 2001
Expert:  Roger replied 6 years ago.
Yes. She can take you back. You can be taken back until the child reaches the age of 18.

Edited by Adam Kirk on 7/3/2010 at 5:47 PM EST
Customer: replied 6 years ago.
Even if I haven't missed a payment from the original child support order she can get back child support. I understand she can ask for raises if my pay increases but if my pay has increased and she has not put in a court order since the divorce I could pay back child support.
Expert:  Roger replied 6 years ago.
No, she can't get back payments if you haven't missed any.
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