Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am divorced and based on my income I make 135k a year i…

Customer Question
I am divorced and based...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 13 hours by:
10/18/2015
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago
mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience: Attorney with 13 years experience.
Verified

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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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
Family Lawyer: mmdesq, Family Law Attorney replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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
Family Lawyer: mmdesq, Family Law Attorney replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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
Family Lawyer: mmdesq, Family Law Attorney replied 2 years 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.

Ask Your Own Family Law Question
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

Would you kindly rate my answer. Thank you

Ask Your Own Family Law Question
Customer reply replied 2 years ago
Let me get sometime and I will call you whats your schedule look like for today or tomorrow
Family Lawyer: mmdesq, Family Law Attorney replied 2 years ago

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

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask mmdesq Your Own Question
mmdesq
mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
518 Satisfied Customers
Experience: Attorney with 13 years experience.

mmdesq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My son's mother filed a petition for paternity/child support
Hi, my son's mother filed a petition for paternity/child support with a standing order that reads under paragraph 8: "each party is hereby enjoined and restrained from causing or permitting the minor … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
In my decree it says, "Child Support arrearages are denied
In my decree it says, "Child Support arrearages are denied to both parties." Past support wasn't part of our trial, I originally asked for it to be added to the trial agenda, but I was told that it ca… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
I came to a child support agreement with my son's mother
I came to a child support agreement with my son's mother which has been signed an notarized. It has not yet been signed by a judge. In the agreement we state that income reviews will happen in April f… read more
Attorney DROD
Attorney DROD
Sole Practioner
Doctoral Degree
47 satisfied customers
My child support states" Child support shall be payable foe
My child support states " Child support shall be payable foe each child until that child dies, marries, enlist in the armed forces, otherwise becom emancipated, or reaches age eighteen or graduates hi… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
Seeking a meaning to ordered child support in a divorce
seeking a meaning to ordered child support in a divorce decree. Child is 18, graduated from high school, and not enrolled in any college. … read more
Sue
Sue
Juris Doctorate
527 satisfied customers
If a couple divorces does the child support payer have to
If a couple divorces does the child support payer have to pay back child support for the time separated until the time the divorce is final.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was divorced in 1988. I was receiving “child support”
I was divorced in 1988. I was receiving “child support” until my son reached age of 18. A friend of mine recently shared that I should check with Texas courts/law to find out if I was suppose to “clos… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
My fiance has one child and the mother has two child support
My fiance has one child and the mother has two child support cases opened in different states and she says he has to pay both. Is that true? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
I have a question about child support, My child's mother
My child's mother recently filed on Friday. Court isn't until July. My child is 4 years old. I have been giving money every month for thr past 4 years and last week I got a DNA test done so she got mad and filed for child suppoty support* … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
Im in a divorce, we haven't had child support or alimony
Im in a divorce, we haven't had child support or alimony payments set yet. If i am living with another woman, can her income be used against me in Louisiana? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My final divorce order states my child support and that I
My final divorce order states my child support and that I will pay until my child reaches 18 or graduates. My ex wife requested a modification in the support only, when I received the final order it n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,236 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,236 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x