Okay only ONE more question I promise.....

[wallyworld]

Okay our agreement for child support was entered on April 25, 2005.

It states:

C.  Effective Oct 15, 2004, fathers obligation for the payment of cs is set at 136 bi weekly.  A notice of withholding shall be issed to secure the payment of such support.

D.  As a result of the retroactivity of this order, there exists an arreage in the payment of child support through March 21, 2005, of 924.00

Then it goes on to say that I shall be given a credit in the amount of 328.68 for medical bills my ex didn't pay me leaving me oweing her  595.32.

above it states my arreage through march 21 is 924.  That is INCORRECT.  I did the math..(I took 135 times 12 and then subtracted it by what I have been paying in child support)

F.  The remaining arreage shall be paid at the rate of 27 bi weekly if not paid in full within 60 days of the date of this order.

G.  The father shall be entitled to claim the parties minor child as a dependent for federal and state income tax purposes in odd numbered years and the mother shall in even numbered years.  Each party shall execute and deliver to the other any desired multiple support decloaration including, without limitation, IRS form 8332, or similar form, so as to effectuate the provisions of this paragraph.

My calculation show that THROUGH March 21 I should only owe 780 in retro child support.  If you add April's retro to the amount it comes out to exactly 924.  Obvisouly there was a typo in the order.  It should read through April 21 not March.

SO...

1.  Does the typo mess anything up?  Can she get double the retro in April because the court order states through march even though the amount is through april?  The new amount of child support has NOT been taken out of my check through april.  So, yes I do owe her retro through april.  

2.  Would she have to go back to court for the above to happen?

3.  Regarding the notice of  withholding:  I am unsure if I have to do anything.  Will the courts send this to my employer or am I required to do anything to ensure that my employer starts deducting the new amount of child support.

4.  The order does not state where or whom I pay the retro amount to.  Do I give it to the child support people or do I give it directly to her?

5.  In regards to the retro:  It states that I have 60 days to pay it or it shall be deducted bi weekly from my paycheck.   Will she have to go through the courts to get another notice of withholding if the retro is NOT paid by 60 days.

6.  Because this was an agreement between my ex and I will I have to still submit the IRS form to get my deduction as I thought that as long as there was a court ordered agreement that the agreement would suffice in place of the IRS form.  I could def. see my ex refusing to sign the dumb form or stalling till after taxes are due.
Hopefully these will be my LAST questions.

[socrateaser]

>1.  Does the typo mess anything up?  Can she get double the
>retro in April because the court order states through march
>even though the amount is through april?  The new amount of
>child support has NOT been taken out of my check through
>april.  So, yes I do owe her retro through april.  

You signed/agreed to a stipulated order and the court ordered it, so although there may be an error, you would be hard pressed to get the court to change it, even if you were to prove that there was a mutual mistake on the part of the parties.

>
>2.  Would she have to go back to court for the above to
>happen?

She could demand the money, and she could win. I suggest that you either just shut up and cross your fingers, or ask your ex to stipulate to a separate acknowledgement of the typo, and enter a "nunc pro tunc" order (literally: "now for then", aka a fix-it order).

>
>3.  Regarding the notice of  withholding:  I am unsure if I
>have to do anything.  Will the courts send this to my employer
>or am I required to do anything to ensure that my employer
>starts deducting the new amount of child support.

The other parent's attorney will almost certainly file for a wage assignment against you and serve it on your employer. If not, just make sure you are paying according to the order's instructions, so you don't get behind again.

>
>4.  The order does not state where or whom I pay the retro
>amount to.  Do I give it to the child support people or do I
>give it directly to her?

You don't "give" support money. You pay it. "Giving" means a "gift" so don't EVER use that term or you may just find that a judge will determine that money you provided was actually a gift and not a support payment.

If the order makes no provisions for a partial payment of the arrears each pay period, then it is all due and payable now, and you can pay it direct, UNLESS your State's laws have a provision that makes any payment not made via the state child support collection unit a "gift" (as is the canse in OH). Don't get burned on this law, cause it's a nasty one.

>
>5.  In regards to the retro:  It states that I have 60 days to
>pay it or it shall be deducted bi weekly from my paycheck.  
>Will she have to go through the courts to get another notice
>of withholding if the retro is NOT paid by 60 days.

LOL. You just said that there was no provision in the order for the arrears, and here you state the provision. The court clerk can issue a wage assignment for the arrears without the a judge's involvment.

>
>6.  Because this was an agreement between my ex and I will I
>have to still submit the IRS form to get my deduction as I
>thought that as long as there was a court ordered agreement
>that the agreement would suffice in place of the IRS form.  I
>could def. see my ex refusing to sign the dumb form or
>stalling till after taxes are due.

The IRS expects to have a signed form 8332. If there is none, and your ex files for the exemption during a year when you also file, then you will both have to prove to the IRS who has the right. At that point you will need to submit a copy of the court order to the IRS.