Legal Question in Family Law in Missouri

garnishment

Can an employee increase their tax withholding on line 6 of a W4 to avoid paying child support payments. The credit consumer act requires that garishments come from ''disposable earnings''. By increasing the withholding, in effect the employee is decreasing what he has to pay in child support. This employee is trying to avoid paying anything. As an employer, am I required to deduct the amount requested on the W$


Asked on 2/07/08, 11:36 am

2 Answers from Attorneys

Anthony Smith LawSmith

Re: garnishment

Theoretically, it may be possible to lower ones net pay to a level where they owe almost no child support. It would be determined by the Support Order in effect and the amount the employee is paid.

However, that employee could be subject to being found in contempt of court if the other parent's attorney found out about the scheme. Or the inevitable tax refund could be executed upon.

Good Luck

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Answered on 2/12/08, 1:14 pm
Anthony Smith LawSmith

Re: garnishment

Theoretically, it may be possible to lower ones net pay to a level where they owe almost no child support. It would be determined by the Support Order in effect and the amount the employee is paid.

However, that employee could be subject to being found in contempt of court if the other parent's attorney found out about the scheme. Or the inevitable tax refund could be executed upon.

Good Luck

Read more
Answered on 2/12/08, 1:15 pm


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