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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 472
Experience:  Attorney with 13 years experience.
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I am divorced and based on my income I make 135k a year i

Customer Question

I am divorced and based on my income I make 135k a year i pay 2100 for my 2 kids plus another 1000 on top of that for babysitter plus another $250 because my oldest go to a greek school so basicaly around $3350 a month with is outragous the baby sitter is paid cash so nothing i can claim so basicaly I live pay check to pay check making over 130k and I cant afford it no more. My tax return for 2014 because I was double dipping on a job I showed 204k but that only lasted for 5 months so far year to date I am 99k 77k is salary the rest I commision since I am into sales. I make money but I think 3300 a month is too much what you advize?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

I would suggest filing a petition to modify the child support payment immediately. Your position will be based on a reduction of income and challenges to proof of payment for babysitting expenses. Mother will need to provide signed receipts and/or cashed checks. If she's going to insist on paying cash you will state you need all receipts in order to claim on tax returns and for her to be reimbursed.

If your income was 204000 the support does not sound excessive if your income was 130000 it does sound excessive.

I hope this information and advice is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
It's was 204k for a period as I worked 2 jobs that's not the norm. My question is that how about if she asks for my tax returns and sees that I made 204 ( my salary is 137k plus comision which I started after my divorce 8 month ago. When I got divorced I was working on a diffrent company making 135k. They based my child support based on 28% of that which was 2100 the extra 1000 she was getting was for the baby sitter which I agreed but after year and a half been divorced I can't afford that. My fear is if I go back ask for my taxes and see that I made 204 and then what which as I said that was because I worked other jobs for 5 months. Also this job is based and commission which my commission varies one moths I might make 400 dollars and another maybe 4k how would that effect my child support? Thank you
Expert:  mmdesq replied 1 year ago.

In regards ***** ***** fluctuating income from commissions, they will take an average over the course of the year you are in. If your last tax return indicates 204000 you may end up increasing support by filing a motion to modify. Unfortunately, support office foes not consider whether you are working multiple jobs they just look at the income. I would recommend waiting to modify until you are able to file tax turn based off of the income from one job. I know this will not provide you immediate relief, however, I'm concerned about the recent earnings being higher. I would wait to file the position of modify until your tax return will indicate income from one source close to the 130 range.

Customer: replied 1 year ago.
I just I am screwed lol. I told my ex that I will change the direct deposit to 1050 basically not giving her the extra 1000 for babysitter as we agreed to pay her directly not the city and then get the money from them. It might not be a good idea......after all. Also the commission could be over 30k so my base would be 137+30 so I would still be end up paying more. Am I obligated to give her my pay stubs or tax returns I know it was written on the divorce decree but I am not going too unless I get a court ordered
Expert:  mmdesq replied 1 year ago.

If you file modify you will be required to provide last year's tax return and current pay info. If you do not file modification I would not provide any information unless ordered to by court.

Customer: replied 1 year ago.
recommend then continue paying for the babysitter we have agreed to pay her for 1 more year then it will go down to 2100
Expert:  mmdesq replied 1 year ago.

I would follow that agreement until your income records would support a reduction. Absolutely no point in filing to modify if it's going to result in an increase.

Expert:  mmdesq replied 1 year ago.

Would you kindly rate my answer. Thank you

Customer: replied 1 year ago.
Let me get sometime and I will call you whats your schedule look like for today or tomorrow
Expert:  mmdesq replied 1 year ago.

Can you please accept the response post and then we can set up phone consult if you would like.