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You really should read pages 8,9, 10 of this link. I don't know what pertains to you.

I hope it works!

http://www.irs.gov/pub/irs-pdf/p504.pdf

Go to page 8 of this document. The info you need starts there.

The two that you have full custody of are legally your exemptions.

That leaves me to assume that she claimed the two that are shared. Is it 50/50?

In my situation, my X received primary custody in mid-November.  Prior to that, it was 50/50. Because of that one month, he technically had our son more than 50% of the time, and therefore was entitled to the deduction. My tax preparer advised me that if I attempted to claim my son and found to be wrong in my claim, I would lose the right to file EIC for 3 years (which I wanted to do, because that was part of my CS agreement and my X paid less because I got the deduction).

So, depending on the true custody, it depends. There is a form that must be signed by the CP to allow the NCP to claim the deduction. For the life of me, I cannot find the site that explains this. When I find it, I will post it for you.

Who has physical custody?

http://www.fdic.gov/regulations/laws/rules/6500-800.html#6500303

This link is  for the CCPA. While I understand that your income was imputed, I don't understand how they can garnish more than the 50%. I would think that they could only garnish the 50%, with the remainder to be arrears.

What kills me is that my X never had his income imputed...and he gradually worked himself down from $425 a month to $150 a month. At one point I received NOTHING for a year, as he had been sick and spent that year working under the table!

Now that he has custody, he's back to making the big bucks, which of course, raises the amount of child support I pay to twice what he was paying me! HA....right  x(   Try living on $450 a month...yep, that's what I'm left with!

Now, I did appeal and have a new CS hearing in March.  First, they included overtime that I had received due to a temporary position I had at my work.(The accountant had surgery, so I received a crash course in accounting which included extra training hours and overtime for the last four months of the year.) As well, I had been tax exempt so no Federal Taxes were taken from my pay. With my X now having custody, I am no longer tax exempt. I told them this at the hearing, but they failed to consider my income with the taxes taken out, which makes a HUGE difference.


I addressed this issue to Socrateaser last month, and this was his reply:

Your order will remain as it is until the other parent requests a modification of support. At that time, if you have additional income then you are obliged to disclose this fact, and the court must consider it for the purpose of calculating support.

However, you have considerable negotiating leverage with regard to a second job if you are already working full time, because no court can order a person to work more than 40 hours per week supporting their child (that would be presumptive slavery). Therefore, if the other parent demands support based on the additional job, you can simply state that you will quit and there isn't a damn thing that anyone can about it.

And, once you quit, then the motion to modify would become moot because there would no longer be a change in circumstances (no income change), and the court would be forced to deny the motion.

So, as a practical matter, the answer to your question is NO.

I received a call from Domestic Relations this afternoon. They are allowing my appeal to go thru. ANYONE who can help with Pennsylvania child support laws.......HELP!!!  The local legal aid will not assist with child support issues. They did not give a date for the appeal, only that I had reason to appeal it, and they will hear it!

The State Representatives office called me also, whom I just got off the phone with!!! They are going to try to help me as well. Unfortunately, I could not give them a date of my hearing. However, the State REP. is from this town, and has a local office. They will be getting a visit from me.

Please.....anyone who can help, or offer a prayer....I'm begging!

Thanks......years ago I bartended.......maybe I will again.

Thanks, I sent you an email.

Be thankful, I'm left with approximately 600 dollars a month. That's my rent and my gas(heat) bill.

So what you are saying is, if I go to work part time in addition to my full time job to pay my bills...they are going to take that too?

Good GAWD!!!

He ended up with custody based on a whole stack of lies.

This whole thing is a nightmare. To this day, I cannot believe this has happened. The main reason I lost custody was because my lawyer totally failed to present ANY evidence or subpoena any pertinent witnesses that would have proved my X a liar in court.

The whole situation is just too far out.  If my X said it was so...it is in the findings of fact. No proof, but because he said it, it's so. The one witness that my lawyer did subpoena was my son's Mobile Therapist (my son has ADHD). He testified that my X refused to allow him into his home. But the findings of fact state that dad is willing to co-operate???

It's just all way toooooooooooooooo crazy!!!