Reading the previous thread brought to mind something that I have heard in the past and I am not entirely sure if this makes sense or if anyone has heard of it. My boyfriend's child support/custody case is wrapping up (hopefully) however it seems that included in the support payment CP's attorney calculated back taxes into the total amount. I guess my boyfriend claims zero exemptions on his paycheck so come tax time he gets more money back. However he was previously married and filed jointly with his wife, so wouldn't she have already reaped the benefit of this? I told him to just change his exemptions then if they want to make him pay more in child support. They share 2 children together and they have agreed that he will claim 1 child on his taxes and she will claim the other. If that is the case, why is he paying this extra amount in his support payment?

Reading the previous thread brought to mind something that I have heard in the past and I am not entirely sure if this makes sense or if anyone has heard of it. My boyfriend's child support/custody case is wrapping up (hopefully) however it seems that included in the support payment CP's attorney calculated back taxes into the total amount. I guess my boyfriend claims zero exemptions on his paycheck so come tax time he gets more money back. However he was previously married and filed jointly with his wife, so wouldn't she have already reaped the benefit of this? I told him to just change his exemptions then if they want to make him pay more in child support. They share 2 children together and they have agreed that he will claim 1 child on his taxes and she will claim the other. If that is the case, why is he paying this extra amount in his support payment?
That makes no legal sense at all. Do the parents owe back federal taxes? Oh wait, even if they did, it would be improper for a Judge to include them in a CS order.

Can you post verbatim EXACTLY what the order, or agreement says as far as how CS was determined? Maybe that will shed some light on what is going on.

I will see if I can get a copy of the Order.

I believe when they calculated his income they averaged his annual income using previous W-2's from the past couple years since he gets paid on average between $10-15k extra in OT.

When it was calculated he told me that he should be paying roughly $850/month in CS - however they took into account his OT, earning potential and the fact that he claimed zero exemptions on his paycheck which upped the total CS amount to $1050/month. My BF's explanation on the exemption thing was that because he claimed zero, he would be getting a larger refund come tax time in which it was suggested or specified that his ex (rather the kids) would be entitled to that.

Honestly, I think that his attorney is a schmuck and do not have much faith in the information he is feeding my BF. However the reality is that my BF is essentially paying what he has been ordered to pay. Also, can a CS/Custody Order be enacted before a final divorce decree is signed and approved by the judge? If so, can it be changed before the divorce is final?

Besides the CS - his ex is a deadbeat mom. I am a single mother myself and am just floored as to how my BF's kids are treated. The latest news on that front is the the current visitation is T & Th. he picks the kids up from school/daycare... "Mom" does not come home until 11-12 at night, because according to her this is "her time". No specific times are currently written into the order. Saturday's are also my BF's time to have the kids. However it turns into a whole weekend because "Mom" has made plans. They are now doing the every other weekend thing, however my BF has still had the kids every weekend F-Sun. The clincher came this past Sun. when she called to confirm that my BF had a softball game this Fri. and would be picking up the kids Sat. because she has plans - mind you this is supposed to be her weekend to have them. She went on further to say that he better pick up the kids because she is sick of taking care of them. Crazy! I know.

I will see if I can get a copy of the Order.

I believe when they calculated his income they averaged his annual income using previous W-2's from the past couple years since he gets paid on average between $10-15k extra in OT.

When it was calculated he told me that he should be paying roughly $850/month in CS - however they took into account his OT, earning potential and the fact that he claimed zero exemptions on his paycheck which upped the total CS amount to $1050/month. My BF's explanation on the exemption thing was that because he claimed zero, he would be getting a larger refund come tax time in which it was suggested or specified that his ex (rather the kids) would be entitled to that.

Honestly, I think that his attorney is a schmuck and do not have much faith in the information he is feeding my BF. However the reality is that my BF is essentially paying what he has been ordered to pay. Also, can a CS/Custody Order be enacted before a final divorce decree is signed and approved by the judge? If so, can it be changed before the divorce is final?

Besides the CS - his ex is a deadbeat mom. I am a single mother myself and am just floored as to how my BF's kids are treated. The latest news on that front is the the current visitation is T & Th. he picks the kids up from school/daycare... "Mom" does not come home until 11-12 at night, because according to her this is "her time". No specific times are currently written into the order. Saturday's are also my BF's time to have the kids. However it turns into a whole weekend because "Mom" has made plans. They are now doing the every other weekend thing, however my BF has still had the kids every weekend F-Sun. The clincher came this past Sun. when she called to confirm that my BF had a softball game this Fri. and would be picking up the kids Sat. because she has plans - mind you this is supposed to be her weekend to have them. She went on further to say that he better pick up the kids because she is sick of taking care of them. Crazy! I know.
Your BF needs to start keeping a journal of visitations, eyc. That way he'll be in a better position to prove problems later on in court.