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child support is way too high in MA Massachusetts

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  • child support is way too high in MA Massachusetts

    The ex and I have been divorced for over 3 years. We never had
    the courts involved in our "child support" payments. I used to pay
    $188.00 per week for 3 children (aged 10 thru 14)....and she took
    me to court numerous times, lied that I owed her money, when I
    paid her "cash" for child support.....I was laid off from my job last
    year and was in "arrears" for $2500 and my child support was bumped up to
    $230 per week..... and she modified for a 10% increase due to
    my child turning 13 y/o... and now my child support costs
    me $282.00 per week for 3 kids. This seems extremely high, esp.
    when checking the DOR website and for 3 kids the website ranged
    from $170 to 188 a week. I am taking my ex back to court for
    modification, since now I am working, but making less money at
    my current job $78.00 a week less than last year, and now my
    child support is increased to $282.00 a week. Any help would
    be great!

  • #2
    Is your child support order $280.00/wk for current child support or does that include arrearages that you owe?
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      child support too high in Mass

      Hi mommyof4 thanks for your reply....The $282.00 per week DOES INCLUDE ARREARS....even so, that is alot of money per week to be taken out of my
      paycheck **each week**. I only gross $512.00 per week, less taxes, less child support, that leave me with hardly any money............how am I supposed to pay my rent, buy groceries and live when my paycheck doesn't
      nearly cover "living expenses" and majority is going to child support??? Any more help would be great...thanks

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      • #4
        Originally posted by brentah64 View Post
        Hi mommyof4 thanks for your reply....The $282.00 per week DOES INCLUDE ARREARS....even so, that is alot of money per week to be taken out of my
        paycheck **each week**. I only gross $512.00 per week, less taxes, less child support, that leave me with hardly any money............how am I supposed to pay my rent, buy groceries and live when my paycheck doesn't
        nearly cover "living expenses" and majority is going to child support??? Any more help would be great...thanks
        Even with arrears, they cannot garnish more than 55% to 65% of your net pay. Read the Consumer Credit Protection Act Title 15 chapter 41 of the US code- http://www4.law.cornell.edu/uscode/#TITLES

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        • #5
          mass child support

          Thanks xena for your reply.I have been on to the mass dor website and i am aware of the fed 65% limit.Im not sure how the state of mass can justify this amount weekly.I did file a complaint modifacation for with the state.The bottom line here is im getting porked.Now its a waiting game waiting for the state to respond as i struggle to survive each week,but thats okay im only just a DAD.Thank again xena take care.

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          • #6
            Gross pay less taxes = disposable earnings. Maximum withholding is 65% of that if you aren't supporting another family. The court can order XX amount per paycheck, but the employer can't withhold in excess of the appropriate limits.

            What is your pay after taxes (not any other deductions, like medical or dental insurance, but just taxes) per pay period? And how often are you paid?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Maa way to high

              Thanks pattymd for your response.In reference to your question,I gross 512.00 a week after the 282.50 child support 100.00 in taxes 25.00 in retirement leaves me about a whole whooping grand total of ding ding ding =125.00.Thanks all take it easy. Brent

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              • #8
                Originally posted by brentah64 View Post
                Thanks pattymd for your response.In reference to your question,I gross 512.00 a week after the 282.50 child support 100.00 in taxes 25.00 in retirement leaves me about a whole whooping grand total of ding ding ding =125.00.Thanks all take it easy. Brent
                Because your income decreased involuntaily through a lay-off, you should file for a modification of both current support and arrears. The order should not be more than the 65%. However, this does hinge on you being able to prove that your income decreased involuntarily.

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                • #9
                  mass child support

                  Thanks for responding xena.Just to clear something up, im not layed off.I left one job in early Jan directly to another job.The job I have now pays me about $80.00 LESS per week than my last job (that i quit from on Jan 2nd 2008) My child support went from $235 to $282 weekly, which is an increase of about $50 a week. So, I make $2.00 less an hour at my new job and get
                  taken out $50 MORE a week for child suport. My EX went to court last winter of 2007 and lied in court. She said I owed her $2,500 in back child support which I could not prove I paid (cuz i paid her "cash" on many instances, my stupidity) part of the child support goes towards "arrears" but I still don't think it should be $282.00 a week. Any feedback would be great.

                  Brent

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                  • #10
                    Since you have paid the past child support cash to her, I think there is not much you can do about that. Unless you have a way of proving that there was some extra money coming in for her of course. For instance by compairing her own income with her way of life, her expenses. If you are lucky there will be a gap between what she used to make, and what she spend, therefore making the child support being paid very likely. It will not be waterproof of course, but it might give you the benefit of the doubt.

                    Other then that I dont think there is anything you can do, besides saving receipts or some proof of having paid child support from now on of course, but I think you already have that now.

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