I was out of work and when I was working made little money most of last year. My ex put in an order and now my wages are being garnished ($317 a week, which is about 45% of my paycheck after taxes) and I owe $1100 a month (that was our current child support agreement not court order while I was in the Navy) for the months missed. My tax return was also recently intercepted. I have no problem with paying child support. Or losing my tax return. My only issue is the amount I owe, due to my income at the time. My other main issue is that I want to start school and would be receiving GI Bill. Would she get all of that every month as well? I'm all for paying child support but roughly $2800 a month is ridiculous. I'm barely getting by as is. I owe roughly $8000. Which as I said before I feel is an unfair amount because she could have given them any number as our $1100 a month wasn't ordered, she came up with it when I was making more money and even then it was too much but it was for my kid. So the questions are... Can what I owe be adjusted? And since I know they take any federal payments do GI Bill payments qualify? As in will she get all that money too? Sorry for the length.
With your change of income you can request the court modify your current child support order. The court can make it retro-active to the date you file so until you file you are stuck with the current order. Your GI bill can be used in the calculation for support as it is income to you. I would suggest using an online child support calculator or speak with an attorney to estimate what the guideline child support order might be before you decide to file a request to change it. In your request you can also ask the court establish a payment plan to pay down the arrears without breaking the bank.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The information is for general information purposes only. This response is based on the limited information provided. It is always recommended that anyone with a legal question seek a consultation with an attorney to allow a thorough review of all the facts in question and possible outcomes. Mr. Bender is a founding member of The Grey Legal Group, APC and represents clients in Riverside, San Diego, San Bernardino, Orange and Los Angeles counties.
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