Q: Can I modify child support to take only his federal income tax opposed to a monthly payment?
He is 12k in arrears and barely makes 200 a week. I would love the monthly support but I am not trying to make him homeless.
A: You cannot eliminate his monthly support obligation, because that is set by state law (there is a rate table that determines the specific child support obligation based on the two parents' combined income, and you cannot collude to get around this requirement). Having said that, however, you may be able to modify his child support obligation so as to be more reasonable (as it it likely still based on your respective incomes and expenses at the time it was originally ordered). As well, as to the arrearage, you could ask the Judge to enter an order stating that the Father shall pay his Tax Return over to you upon receipt. Please contact a family law attorney in your area as soon as possible to discuss your rights and develop a plan of action to clear up this arrearage in a timely (yet civil) manner.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
