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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I was paying support based on W-2. I started doing consulting

Resolved Question:

I was paying support based on W-2. I started doing consulting and got extra income. The support was based on W-2 from primary job. Now she wants tax return where she will see the consulting. Can she get an order for me to pay for past years based on the extra income from consulting?
Submitted: 1 year ago.
Category: Family Law
Expert:  mequoncpa replied 1 year ago.
Hi and welcome to JustAnswer:

You are paying "support". This could be child, marital or family support. Regardless of the type, it would depend on the provisions in the divorce decree/marital agreement. If there is no provision that prohibits your ex from revisiting the support amount, it is open to renegotiation. Normally support is based on all income. Child support is often adjusted when there has been a change in income.

The likely answer, which is not what you want to hear, is that yes she can potentially get an order for back amounts.

Steve
Customer: replied 1 year ago.


OK, thanks. Support is being re-negotiated cause a kid turned 18. I am tempted to tell her to just keep the old amount of support in place, because she is thinking the payment will go down and would likely be receptive to that. Then all kids would be off the books in 2 1/2 more years...


 


Is that a reasonable thing to try?

Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. Your question has been transferred to the Family Law category to be addressed by a lawyer.

You do have the ability to negotiate a scenario where you continue paying support for one child at the amount for two children, rather than going back to court to renegotiate. Before agreeing to anything, you may want to take a look at what a judge would likely order you to pay if you went back to court - it is a useful starting point.
http://www.childsup.ca.gov/Resources/CalculateChildSupport.aspx


"Income" does include both your wages and any earnings that you are receiving as a consultant. If you go back to court, she can look at your tax returns from the past few years to see what that consultant income would be. However, the change would only date back to when she made the request - it would not be from prior years, if you have been paying in accordance with the court's order.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

So just to clarify, I have been paying according to a court order based on income "xxx", even though at some time after that order my income became greater than "xxx" from doing consulting.


 


You are saying she can not file a motion to collect support from the time that my income became greater than "xxx"

Expert:  Lucy, Esq. replied 1 year ago.
She can only file to collect extra support starting on the date that she makes the request. Child support modifications are not retroactive.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20068
Experience: Attorney with experience in family law.
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