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:
- 100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
- interest, dividends, and royalty income;
- self-employment income;
- net rental income (defined as rent after deducting operating expenses and mortgage payments, but NOT including non-cash items such as depreciation); and
- 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:
- social security taxes;
- federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
- state income tax;
- union dues; and
- 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.
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