Help with Dissomaster

[JROB]

1) The Court of Placer county, CA has just Awarded the X and children
    $2234.00 per month, ($1694 cs, and $540 ss) my monthly wage is
    $5636.  after tax it is $4236, this is more than 50%, what can I do.

2) When I get remarried can the court award her more? Will new wifes income be a factor.

[socrateaser]

>1) The Court of Placer county, CA has just Awarded the X and
>children
>    $2234.00 per month, ($1694 cs, and $540 ss) my monthly
>wage is
>    $5636.  after tax it is $4236, this is more than 50%, what
>can I do.

I don't know -- you're not giving me any background facts.


>
>2) When I get remarried can the court award her more? Will new
>wifes income be a factor.

Only if you voluntarily reduce your actual income and rely on your new wife's, in order to avoid paying CS. However, you should not comingle assets, or file a joint tax return, because, if you fall into arrears, the court could order your joint assets executed against, and that would have the same effect as using your wife's income.

[JROB]

OH,

Mother and I dev. 2001 We have 2 kids age 13, and 10. I have no custody/visatation rights after 3111 eval. Have not talked to or seen the kids in almost 3 years. Mother gets 540 per month, and children 1694.
the amounts are more than 50% of disposable income

[socrateaser]

>OH,
>
>Mother and I dev. 2001 We have 2 kids age 13, and 10. I have
>no custody/visatation rights after 3111 eval. Have not talked
>to or seen the kids in almost 3 years. Mother gets 540 per
>month, and children 1694.
>the amounts are more than 50% of disposable income

Can you get your ex to sign IRS form 8332? If so, that would increase your after-tax income by a few hundred dollars, and you could actually pay more support.

Other than that, I don't know that you can do anything. You mention that your support amount is greater than 50% of your net disposable income. Federal law states that no wage assignment or garnishment order shall garnish more than 50% of an obligor's net disposable income. However, this is not a bar to the court ordering additional support, that you must come up with out-of-pocket.

And, federal law permits the court to order garnishment of 65% of after-tax disposable income, if you are 12 weeks in arrears, which you may very well be after the next 12 weeks pass.

I'm not trying to be humorous. I realize that the amount you are being ordered to pay is oppressive. My advice to clients who are in a long marriage, is that they offer to pay their spouse up front cash in return for an agreement to forever waive future spousal support.

And, of course, I advise everyone considering marriage to enter into a premarital agreement that waives all rights to any future spousal support up front.

Frankly, in my opinion, anyone who agrees to marry without a "prenup" is mentally ill.

Finally, if you want the law changed, then you must write to your state legislators and tell them that you will vote them out of office on this one issue alone, if they do not return some equity to the system of family law. This is the ONLY way, and it's the only thing to which lawmakers pay attention.

[JROB]

Thank you
I have a signed 8332, for one child, that is in the MSA, also her support will end Nov 05.
 So I just need to make up the diff, to DCSS and in 05 I get a $540. raise.