QUESTION
Does my ex wife have grounds to have the court recalculate the support agreement or has the court made the proper calculation?
Asked on Feb 14th, 2013 on Divorce - Texas
More details to this question:
My ex recently married. In our most recent child support calculation, the court calculated her fed/state & Fica tax at her current salary under married filing joint status. Since her income is only 30% of her joint income, she is claiming her portion of the total taxes due for filing jointly is much higher than what the court has calculated. Supposedly, adding her spouse's income puts her into a higher tax bracket.
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If her spouse's income puts her into a higher tax bracket, that is the one the court should use, if she files married filing jointly. Support is always modifiable, so she may have grounds to have support recalculated.
Answered on Feb 19th, 2013 at 5:33 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
It may be so. You will want to see the tax returns and do your own calculations as to how much more (or less) she is paying by virtue of being on a joint return with her current husband.
Answered on Feb 19th, 2013 at 5:33 AM
John Arthur Smitten
To change support there has to be a substantial change, this change you are describing is not enough.
Answered on Feb 19th, 2013 at 5:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
The court calculation is the one used for the determination of support, it is not for the calculation of actual taxes.
Answered on Feb 18th, 2013 at 11:33 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
The Family Code says that the income of a spouse is not to be considered in calculating child support therefore, the net income figure used to determine child support would be based only on the income of the paying party.
Answered on Feb 18th, 2013 at 11:25 PM