highwood1
recently joined
Reged: 05/18/11
Posts: 7
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Just got an email from ex telling me he overpaid me by just under $14,000 in child support for last year as he did not get federal tax withheld from his paychecks. Can he make me pay this back, even though it is his mistake. Coincidentally, this only came up because he received a $15,000 bonus from work but says he cannot pay me anything from that as he thinks the company will be taking the bonus back from him when they audit his income. I cannot believe this was an overview and he did not know he was not paying federal tax for 15 months. He is a qualified accountant(not practicing) Advice from anybody as to what he may be up to would be appreciated. Also, he works for a big company, he is not self-employed so shouldn't the company have asked for a W-4 when he started working there and witheld the federal tax from his pay?
Edited by highwood1 (05/18/11 07:44 PM)
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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If he wrote you and told you that he UNDERPAID by $14K, and wanted to pay you back would you take it or refuse it?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2005
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What does your court order say? If he paid the amount that is in the court order, then he has not overpaid.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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I am confused. CS usually is determined by gross income so the amount of Federal taxes withheld would not make a difference.
What is the exact wording of the CO for CS?
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highwood1
recently joined
Reged: 05/18/11
Posts: 7
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Well GR8DAD, that was helpful!! not!! and totally irrelevant in these circumstances, but thanks anyway. Maybe you need go find yourself a good therapist who deals with bitterness so you can move on!!
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highwood1
recently joined
Reged: 05/18/11
Posts: 7
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MSA says 28% of net income
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
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Not irrelevent at all. If you want an accounting of child support, then it should be properly accounted for. I am not suggesting that you pay it BACK< but future child support she be reduced to compensate for the error. Mistakes happen, but I am sure you would want it to be fair and equal, correct?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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MrsB
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Reged: 07/03/10
Posts: 6355
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I'm somewhat confused...
Did he pay what he was CO'd to do? I'm not seeing how much his federal taxes are or aren't being withheld have to do with it?
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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If it is a percentage of NET income, that would be after taxes are taken out. If taxes were NOT being taken out, he was recieving a higher amount, and she got 28% of that higher amount. Now he has to pay the taxes that he did not pay, but he should be entitled to a reduction because she recieved more than she should have.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Ahhh - that makes sense.
I didn't know any state based CS off of net income...that's just stupid IMO.
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