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Support "Rules"

Discussion in 'Alimony & Spousal Support' started by Rathi, Oct 25, 2002.

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  1. Rathi

    Rathi Law Topic Starter New Member

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    Okay guys, help if ya can! I posted a while back, that I had nothing done through the court system, regarding support, or visitation for my sons. Since, we have been through the entire "fun" thing, and have reached a temporary agreement. Here we go.....
    The court date, the way I understood it, was to establish visitation, while there, her lawyer brought up the child support issue after we finished, so the judge issued a temporary payment for me to pay, until we have an actual case to decide the amount. Now, check this out..... We both had to produce our proof of income, and the X had a W-2 tax form, from last year. Last year, I know for a fact, that she only worked roughly 5 months, and it showed that she made $4,000 for the year. The judge accepted this, and compared to my measly $24,000 a yr. of course, I got the big payment.
    I don't mind paying for my kids, I want to be part of their lives, and help when I can. Now, my lawyer tells me that in addition to paying the child support payments monthly, (which will be deducted from my pay, because she's on state assistance), that my income tax refunds will also be garnished, and she will get the whole amount of my refund....
    I'm in WV, is this correct?? My CS amount was determined from my gross pay. After the gross amount, I'm taxed.... What's up with her also getting my tax return?? In essence, isn't she getting paid twice?? Something I can do about this??
    In addition to those fun facts, I'm also responsible to have the children covered under my health insurance, AND pay any additional Health Care costs..........................................
    Can you offer any advise? Not LEGAL advise, I know, just what do you think???
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Did you have an attorney? What were your expenses? What is the chance of her helping with the support of her children? $4,000 isn't going to cut it for her chipping in her fair share. The problem here is.... where is the money going to come from? If your ex isn't caring for the children properly, do you want custody and then not have to pay her for caring for them? What is the logical solution you envision?
     

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