[lbo-talk] legal questions

[Charles Brown]

Wojtek:
> Questions:
>
> 1. Can the difference between the amount specified
> in the divorce
> agreement and the amount of child support garnished
> by the state be
> considered "unpaid support" - and if so can the
> woman sue her ex for
> that money (plus interest, etc)?
2. Can the woman demand the payment of all federal
> tax credits the ex
> received for his 'dependent" child (which does not
> live with him and for
> which he provides less than 50% of support)?
^^^^
CB: Say hypothetically you had the same facts in Michigan.  The amount
specified in the divorce "agreement" is presumably the amount of support
provided in the divorce judgment and order. That order is not modified by
the garnishment order unless it specifically says it modifies the original
order. The amount provided for in the original order would therefore still
be owed. The garnishment is only how much can be taken out of the regular
pay check. Sometimes that is legally limited to a percentage of the whole
check, like you say state guidelines.  But the difference between the
garnishment amount and the original support order amount is still owed.

 She would seek an Order to Show Cause or the like within the existing case
for that. No need to file a new suit. In the Show Cause Hearing she can
raise that she knows he has some money to pay the support arrears because he
gets the tax refund, and any other monies he might have.

^^^^

 3. What are the legal steps, if any, for the woman
> to take back the
> federal tax exemption from her ex in this situation?
>
> Any suggestions will be appreciated.

CB: I think you said she agreed in the divorce judgment/order to give him
the tax credit. If so, she would have to go to court to modify that order by
filing a motion within the existing case. The divorce and custody case still
exists. Probably the same judge retains jurisdiction.
P.S.:  Is Mrs. Sokolowski still with the NLG ?