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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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Court ordered me to pay X dollars in child support and Y dollars

Customer Question

Court ordered me to pay X dollars in child support and Y dollars in spousal support. A garnishment was placed on my paycheck and I complied in paying. For tax year 2012 was the first year I could not claim my kids as dependents. Asked of the wife could I claim 1 of the 3 to reduce my tax liability but she declined stating she would suffer a tax liability. Crazy part about it I would have willing paid her tax liability.
So with that said, no longer being able to claim my kids as dependents and because my exemption status was once 5 but now 1 I got hit with big tax liability. The largest I've ever paid. So to correct matters I changed my exemption status to the appropiate status for single individual.
As a result of changing my exemption status they took out more taxes. Which then resulted in fewer dollars being available for spousal support.
It's been a year can I petition the court to lower my spousal support as a result of taxes being taken out giving me less disposable income?
Right now it shows I owe $500 in spousal support because there is not enough to garnish.
Submitted: 3 years ago.
Category: Family Law
Expert:  originallawyer replied 3 years ago.
Yes, if your income circumstance have changed significantly, you may petition for a reduction in your spousal support obligation. It would be dependent on how much the drop was in your disposable income, as to whether or not the change would be made.

If your ex's financial position has changed, ie she makes more money now, then you can also use that as a reason to drop the amount of support being paid.

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