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Author
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Topic: Child support...Pleae Reply!!!
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wgmajjd Member
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posted 08-25-2005 10:14 AM
My boyfriend and his ex broke up about eight months ago and when she found out that we were dating, she decided to put him on child support. Before she did this he was paying for daycare and all other necessities(pampers, clothes, shoes). He was also putting money into one of his children's bank account which the mom was taking. Now that you know the background here is my question, my boyfriend is not working and I wanted to know if there was anyway she could recieve child support payments out of my paycheck? Also are those contributions he made deductible? |
motwgk Member
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posted 08-25-2005 10:54 AM
Let me start by saying I'm not an expert.However, I don't believe there's any way you can be held responsible for his child support payments, since you are not a legal parent, guardian, or other involved legal entity. I don't believe child support is deductible - it's the price he pays for having a child - the price every parent pays for having a child. But he should make sure he pays his child support. If he doesn't have legal documentation outlining what he should pay, he should get it as soon as possible. The child has a right to be taken care of. |
cgracec Member
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posted 08-25-2005 06:38 PM
The ability to claim the items as a tax deduction would really depend on which one has the right to claim the child as a dependent on the tax forms. That should have been outlined in the custody arrangements. As for your income, no they can't garnish your wages if that is what you are asking. However, if you are married and it is a community property state sometimes they will take the total marital income and divide by 2 which means that he could end up paying support based on a higher income. In other words, if he makes $50 and you make $100, his child support could be based on half of $150 instead of the $50 in income. I would suggest that he contact either an attorney or the free legal aid to determine exactly what his rights regarding child support are in your area. |
chngCSlaws Member
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posted 11-27-2005 12:19 AM
Hi-The best thing for your boyfriend is to file for child support with the family court. He is legally obligated to pay and better yet he sounds as if he knows this already. He can protect himself and make sure that his ex is also contributing to child's costs. Your question about your money...only if you get married will your money become an issue. I do not know what happens with common law couples. Your question for his contributions..when he files for support he can state what he has provided to date on the papers proof should be provided if possible. (This is where the court monitored support is better for him). Tax ded. goes to the person who has the child full custody, unless otherwise ordered by the court like in a divorce settlement. good luck |
briarose Member
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posted 11-28-2005 04:15 PM
Hi, If you were your boyfriends wife, than the court would account your income into figuring out how much child support may be granted for his child. And as mentioned above if he doesn't pay the child support an interest amount would be added to the payment owed. |
kedcse Member
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posted 12-10-2005 12:20 AM
wgmajjd, 1)no,the court can't take money from your paychecks..The court ORDERED the parent to make the payments and only a parent can be court ordered to make the payments. However, you can though make payments to the child support agency, you just have to write on the check/money order his name and case # and ss# to ensure it is credited to the write case..2)Even though he has no job, he is legally obligated to keep paying the court ordered amount, until the courts change it..So if he has a valid reason for being unemployed, then he should either request the child support agency review the order or go down to the local court house and do it himself...just because the child support agency doesn't do it,doens't mean he can't.... Quitting his previous employer isn't a valid reason and as a matter of fact, if the court found out he quit, they could attribute the earnings he was making. So if they were higher than when the previous order was made, guess what? 3)I believe the only reason a spouses income is used is solely for tax purposes..It has to do with the disposable income after taxes and with a spouse, one's tax bracket is usually higher which causes more taxes, reducing the disposable income for child support..Some states vary, and in some instances if the payor of child support deliberatly quit their job, the court can impute their earnings as what the spouse earns. |