What is the name of your state (only U.S. law)? NJ
I am currently receiving weekly C/S payments prorated to 50% due to the obligor's low income. Obligor works 40/hrs per week at a steady but low paying job. He has 3 active support orders (my order, plus 2 others also prorated) which exceed what can be deducted from his check by NJ law, as the total weekly obligation would put him below poverty level. He is currently accumulating weekly arrears for all 3 of the orders.
Would anyone happen to know whether the obligor's maximum payroll withholding for C/S is based on weekly gross income alone, or is tax withholding status and/or net income the deciding factor? The obligor has received a very large tax refund (many thousands) consistently over the past 12 years that I've known him and the arrears are normally paid via the tax refund. I'm wondering if he changed his tax withholding status so that less tax is being withheld (larger net income), would his weekly C/S payroll deduction increase, thereby less C/S being prorated and going into arrears? If this is correct, can a family court judge order the obligor to change his withholding status? I'm positive that the obligor will not change his tax withholding voluntarily.
I am currently receiving weekly C/S payments prorated to 50% due to the obligor's low income. Obligor works 40/hrs per week at a steady but low paying job. He has 3 active support orders (my order, plus 2 others also prorated) which exceed what can be deducted from his check by NJ law, as the total weekly obligation would put him below poverty level. He is currently accumulating weekly arrears for all 3 of the orders.
Would anyone happen to know whether the obligor's maximum payroll withholding for C/S is based on weekly gross income alone, or is tax withholding status and/or net income the deciding factor? The obligor has received a very large tax refund (many thousands) consistently over the past 12 years that I've known him and the arrears are normally paid via the tax refund. I'm wondering if he changed his tax withholding status so that less tax is being withheld (larger net income), would his weekly C/S payroll deduction increase, thereby less C/S being prorated and going into arrears? If this is correct, can a family court judge order the obligor to change his withholding status? I'm positive that the obligor will not change his tax withholding voluntarily.