Saturday, May 11, 2013

If the IRS is garnishing my paycheck, am I eligible for a child support decrease?

Q: I've been paying child support for 13 years, my ex requested an increase in court, I'm already giving her 852$ per month, and now because I owe 58,000$ in back taxes, the IRS is garnishing my paycheck for 800$ per month, now that's over 1600$ per month, between child support and IRS garneshment on a 95,000$ per year salary and I still have my regular bills to pay. Now I cannot survive financially, so am I eligible for a decrese in child support payments due to this hardship? My family court is in Brooklyn NY.

A: David's Answer: You generally would not be eligible for a decrease, as usually support is based on a percentage of your income. Nevertheless, you may be able to defeat the upward modification application by arguing that you have an "extraordinary expense." To reserve your right to proceed on a downward modification application, you'll need to file & serve your own counter-petition. -- David Bliven, Westchester Child Support lawyer. (

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