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AlexiaEsq.
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Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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I have income taxes coming out of my pay of course....if I

Customer Question

I have income taxes coming out of my pay of course....if I choose to have additional taxes taken out of my pay to lower my net pay to pay less child support.... will i get pentalized by the child support agency? or can I do this with no porblem.
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi,

I have income taxes coming out of my pay of course....if I choose to have additional taxes taken out of my pay to lower my net pay to pay less child support.... will i get pentalized by the child support agency? or can I do this with no porblem. Actually, I would expect your payments to not change, since your support obligation was already calculated based on the prior amount. You'd have to make a motion to the court to change the amount, saying "my disposable income has changed, see? So my $20% (or whatever amount you are subject to) is less and this dollar figure coming out should be less. The court will look to see if the true disposable amount really is less, or if you were improperly changing your exemptions (which can be illegal), and rule accordingly. I would not recommend doing this - you likely won't successfully reduce your obligation, you will likely show the judge you are not to be trusted (which can hurt you in future actions) and you may be in trouble with the IRS.

Good luck!

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Customer: replied 2 years ago.
Relist: Other.
The amount I pay was calulated off of being married as a E8 in the army...I am retired and no longer make the same amount. The judge calculated my amount to pay now i will go through the child support to get a modification so im thinking to have additional taxes taken out should not be a problem....I have to send the child support people my last three pay stubs so i want to take out an additional two hundred dollars each pay check in taxes...why is this a bad thing to do ...I dont understand....
Expert:  AlexiaEsq. replied 2 years ago.
Hi, sorry for the confusion. I think you need some of the Texas rules to understand what I am saying.

Also, with your new information you forgot to include before, the fact that you don't gross as much as before is your strong point - assuming it is material difference.

But with regard to trying to change your exemptions:

Here is part of the problem. If you claim, say, zero exemptions, so more is taken out, so you can mislead the court into thinking you aren't making as much after taxes, based on your paystubs, and the court realizes this (or your ex does), it will act accordingly. It won't work (because that is not what the court relies on to determine net income). And it could cause you to lose the trust of the court.

The court is not so oblivious to these types of attempts. In fact, Texas law provides that:

Net income includes the following:

  1. 100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
  2. interest, dividends, and royalty income;
  3. self-employment income;
  4. net rental income (defined as rent after deducting operating expenses and mortgage payments, but NOT including non-cash items such as depreciation); and
  5. all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.


In Texas, he following items are deducted from your resources prior to calculating child support:

  1. social security taxes;
  2. federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
  3. state income tax;
  4. union dues; and
  5. expenses for health insurance coverage for the child for whom child support is paid.

So you see, it will not (again, if it is doing its job), blindly read your paystub to determine what the appropriate tax deduction is that should be deducted. It will use the above. The paystubs confirm, however, that gross pay for them, and that is why they want it, as well as proof of the other deductions (but not the federal tax).

I hope this helps clarify. If I am missing a pertinent fact, please follow up.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXXXXXXX XXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An Accept also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

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