Child Support/Taxes

[kali13_damonj]

I currently have a court order and I am speaking to legal aid to take my ex
back to court to get it modified because I need daycare costs split and his
income reviewed. Originally he was suppose to pay $173 per week for our 2 children but the income witholding form got screwed up some how. Legally a court cannot take more than 50% of the net income and that is suppose to be stated on the form but it was filled in saying 27% so his job for a year now has not given me any money for the day care costs even though he was court ordered too. I asked him to fix it but he refused too. Plus he is suppose to also split the tuition costs for our 6 yr. old. This past year he was suppose to give me $115 for the tuition for kindergarten and the day of registration he calls and tells me he does not have the money. I am literally only getting any where from $40-$60 per week for wo children. I just wanted to know if the judge will look down on me since I am only working part time but I am attending college to receive a degree full-time Monday through Friday? Will he make me stop attending college and get a full time job? Any advice would me greatly appreciated. Also, I am waiting to hear back from the reporter to order transcripts from the day our divorce was final so I can prove what was legally ordered and agreed upon. But it is taking awhile. They said it is $3.15 per page. Do you have any idea about how much it will cost if we were literally in front of the judge for maybe 10-20 minutes? One more thing, if it was not court ordered to let him claim one of the kids on his taxes do I have to let him? This past year I let him claim our oldest but he was only suppose to claim him as a dependant and thats all. He ended up claiming earned income too and I believe I was intitled to the earned income credit since he lives with me and my ex does not support him 50%. Can he do this because even though I told him that he better never do that again he is saying he is going to regardless what I say. I should have reported him but I am a sucker and way too nice. I didnt want to get him in trouble. Thanks

[angel1964]

where did you hear the court cant take more than 50% my boyfriends ex was getting $550.00 A WEEK from him and he brought home $660.00.

here is our rule in MA


Child Support OrdersFor Child Support orders, the maximum garnishment amount is between 50% and 65% of disposable earnings:

If the employee is supporting a spouse or dependent child other than those for whom agarnishment order is served, the maximum garnishment amount is 50%.

...not sure about IL

Originally Posted by angel1964

where did you hear the court cant take more than 50% my boyfriends ex was getting $550.00 A WEEK from him and he brought home $660.00.

Well this for Illinois. My legal aid attorney told me this was the percentage legally allowed to me taken out.

Originally Posted by Unregistered

here is our rule in MA


Child Support OrdersFor Child Support orders, the maximum garnishment amount is between 50% and 65% of disposable earnings:

If the employee is supporting a spouse or dependent child other than those for whom agarnishment order is served, the maximum garnishment amount is 50%.

This is a federal law, The Consumer Credit Protection Act in the US codes Title 15 chapter 41.