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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111600
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in boise, Idaho and have a support order out of texas

Customer Question

i live in boise, Idaho and have a support order out of texas for my 4 children. grand parents of the oldest 2 have custody but also took custody of my 2 sons from another father. they made it into 2 separate cases. I receive disabilities payment of 750/mo. of which they are taking 440.00 out for child support. I recently got a job which pays me $15.00/hr- 40 hrs a week. yesterday I received papers to withhold child support in the amount of $285.00 for 2 and $237.00 for the other 2. the total adding up to $962.00/mo. this seems excessive to me and I won't be able to live on whats left. I am trying to set myself up with a home so I can get custody of the 2 youngest boys not related to the grand parents but currently stay with my brother. do I have any recourse in getting the amount deducted lessened
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Child support is based off of the income of the parent paying support. So when your income goes up, so do your support payments and they are set in the child support guidelines. The only recourse you have would be filing a motion to modify support in the court where the support order originated and you would need to present the information on the significant financial hardship to the court and ask them to find good cause for deviating from the statutory guidelines. You would need to go to legal aid if you want legal assistance in filing your motion to modify.
Outside of the motion to modify support, I am afraid because the amounts are set in the IA law the court and support enforcement must follow those requirements. Here is the IA Child Support Calculator so you can see what you should be paying based on your earnings: https://www.awism.com/childsupport/freecalculator.shtml

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