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Messages - Swilliams

#1
Nevermind, I found the link

Add www. to the link below

law.cornell.edu/uscode/text/15/1673
#2
deltabravo.net/custody/max-cs.php

This is a very good article that I am finding to be potentially useful however the links within the article are broken.  I am trying to find support data for this part of the article:

Federal Law, in the Consumer Credit Protection Act, (CCPA), 15 USC 1673(b)(2) says:

2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed -

    (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and

    (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.


Does this still exist? I can't find it anywhere.
#3
Child Support Issues / Re: Filing taxes
Mar 16, 2012, 01:12:43 PM
Are there injured spouse forms for state taxes? I can only find the fed. forms.
#4
Child Support Issues / Re: Filing taxes
Mar 16, 2012, 12:43:51 PM
Thank you! This is exactly what I am looking for. If anyone needs this, it can be found as IRS Form 8379.
#5
Child Support Issues / Filing taxes
Mar 16, 2012, 11:24:23 AM
Is there a way to file a joint tax return so that so that my spouse's portion of the refund does not get intercepted?
#6
I think I will wait a little longer before I hire someone to ask. The reality for me is that being unemployed and collecting does not even come close to covering the bills. Being in that position is like a sinking ship going through rough seas. I'm just hoping the judge doesn't sink the ship any faster.

I have all my proof collected and should be ready for court.

Thanks!
#7
Child Support Issues / Unemployed and paying CS
Dec 21, 2011, 12:46:41 PM
I filed for a CS mod. due to a layoff and recently started to receive unemployment benefits. I already have a court date set for a few months later to hear the CS mod. request. I also started paying a generous amount of my unemployment benefits towards CS. I would rather pay more CS and not hire an attorney if possible. But the ex just hired an attorney and is going after us for everything we own and more. Now I feel I must hire an attorney but the costs of hiring an attorney will be almost as much as my unemployment benefits amount to or more. I no longer can afford to be so generous in paying as much CS as I've been paying while being unemployed.

Do judges factor in the attorney costs when setting the amount of CS a NCP must pay while waiting for a court date? If all my unemployment benefits are being used to hire an attorney, can they base my CS on the entire amount of unemployment benefits I received even though the attorney I am force to hire is ultimately getting all my income?
#8
Child Support Issues / Re: Unemployed NCP
Dec 01, 2011, 03:57:38 AM
Wonderful idea! I feel better about some things now.

I just have one more problem now that you mentioned something about having a layoff paper. I never got one. It was done verbally and I was sent home that day. I had no idea I was supposed to get a layoff paper but I did manage to get a voice recording of the entire layoff conversation. I had kept in daily contact with the workplace during the layoff and was told not to come in to work because I would just be sent back home. Later I was blindsided when the owner changed his story into firing me for not showing up for work. I did keep a log of the events so I guess I have to see what happens next on that front.
#9
Child Support Issues / Re: Unemployed NCP
Nov 30, 2011, 04:09:59 PM
Thanks again! Just one more thing. When the NCP is remarried, does this change everything? Do they consider the new spouse's income as well? Her income doesn't amount to a lot but it has everyone extremely concerned.
#10
Child Support Issues / Re: Unemployed NCP
Nov 30, 2011, 03:39:45 PM
Thanks and I appreciate your advice. Does it matter if I pay it weekly or monthly while unemployed? Reason I ask is because it used to be automatically deducted from my paycheck every week. Secondly, does the min. amount of CS double for 2 children?