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how to equalize CS over-payment

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  • how to equalize CS over-payment

    My partner got a new job 1/2 way through 2007. He was making more money and his ex (through her lawyer) insisted he pay CS amounts based on his new income right away.

    So now, he finally got his 2007 tax return. His income for 2007 was actually 10,000 lower than the amount he has been paying on (due to him being in a lower paying job first 6 months). He has over-paid her approx. 1000 for the year so far, based on his "real" income.

    Can he downward adjust his next few months payments so that it equalizes what he should be paying yearly?

    We cannot afford to over-pay her one red cent as we have twins of our own an also pay an additional 650/month in "extra" expenses.

    (BTW - They have an agreement that he provides her his income yearly and just pays according to the table amounts, up or down, so I don't think they have to change the court order).

  • #2
    If the CS amounts are being paid in a volunteer manner; yes the monthly CS amounts could be reduced to reflect their true income for that particular year. There is no set schedule when payments are being made in a volunteer manner.

    However, if CS is the result of a court order then the matter has to be brought to court and the originating order as to be varied.

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