Is ex allowed to touch all income

Status
Not open for further replies.
H

HappywithHim

New Member
State is MA

My Fiancé and I can not live anymore because of the money he pays out to taxes (he is in a high tax bracket) and his Ex wife. He makes over 100,000 year yet we can afford anything. He wants to get a second job but doesn't want her to be able to get any money out of it. She is remarried and my fiancé supports the whole family, her new kids and all.

What are the rules on getting a second job and paying support on the income?
Is there a way we can go to court so she is not able to touch the money he makes on his second job?
We just want to be able to live and provide for the kids when we have them here. It just keeps going downhill and we need help.

What can be done?
 
Do you work? probably makes more sense to get a job if you do not work because the ex cannot touch your income, in most states.

It all depends what the state guidelines say. some states allow a second job to be worked (like AZ) and not have to pay support for that job.

Has your fiancee seen an atorney to make sure he is not overpaying?
 
Overpaying??? Everyone thinks so.

I do not work I stay at home with my kids.

He only takes home about 51% of his gross pay. He pays weekly and a % of commissions to his ex. People that know what he pays think he is overpaying.

How would the law allow someone to overpay?

What is the guideline for commissions or just the average percent people pay out? (When they are making over 100,000)

His attorney is not that helpful. I feel we need to go to him and tell him exactly what the law is so we can prove to him why we deserve him to fight for us. He is cheap and we are getting what we pay for with him!

Thank you for your help!!!!!!!
 
Well if you cannot live anymore then you need to find employment. If you do not want to pay for daycare then work shifts when your fiancee can babysit. It is hard to support 2 households on 1 income.
 
All of the answers to your questions depend on your state's guidelines. You can either google your state's guidelines, or tell us what state you live in so that we can find the guidelines.

However, if your husband is bringing home 51%, and if about 70% is taken by taxes and social security, then that leaves about 20% for child support. In Illinois, I believe that's the correct percentage for one child. Again, it depends on your state.
 
Doh! Sorry, didn't notice that your state was already listed.

Here is the calculator for MA. You can plug in the numbers to see if he's paying the correct amount. (However, please note the guidelines below)

http://www.dor.state.ma.us/apps/worksheets/cse/guidelines-short.asp

The guidelines, at the link below, state that the child support order for NCPs making over $100,000 per year will be higher than the guidelines.

http://www.mass.gov/courts/formsandguidelines/csg2006.html#3a

Also, according to those guidelines, the second job may be disregarded:
B.*********In individual cases, the court may choose to disregard overtime income or income derived from a second job. However, consideration of such income may be appropriate in certain instances such as those where such income constituted a regular source of income when the family was intact.
Click to expand...

And one last thing... If the income from the second job would not increase the child support obligation by 20% or more, then it would not be a substantial enough change to warrant a review. You can run the numbers on the calculator to see how much he'll be allowed to earn without it affecting the order.
 
should the amount paid be on the gross or the net?
how do you put in % for commisions?
does commisons change case to case?
Waht should be paid off of commisons?
should the commisons be paid from net of gross?
 
The calculator says gross monthly income. Same for commissions. He pays the same percentage of his commissions as child support.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top