I have always paid the correct amount established by the courts to my ex. She/her attorney had petioned the courts last October for an increase because I received a unemployment compensation in 2010. The increase was based off my 2010 tax documents. The judge awarded her the increase and required me to repay back child support from 10/2010 current (lump sum), which I am. My income for 2011 has decreased drastically in 2011 and is no where near the 2010 figures. By this increase, I will only be left with #300/month to live on. I cannot survive on this. My attorney is going to repetition but will I have to wait for my 2011 tax return before I can get it lowered? Also, I thought there was a max on child support withholdings?

Why isn't your attorney using your weekly benefit print out from the UE office or offline and not waiting for the income tax 1099 form? If you receive your benefits from a state that allows you to file online, then you should be able to print out all of your weekly benefit check stubs and present that proof to the judge. Who says you have to wait for the 2011 tax return to file? You need this lowered now, not in a few months.

Once I get the information to my attorney, will they be able to adjust the amount I have paid her (lump sum) from January 2011 to current that they said I owed and refund to me or credit me? How will that work?

An attorney can use you current weekly pay stubs or unemployment check copies to ask for a change in the amount of current withholdings. I have never heard any requirement for your tax return unless you have a lot of business investments and money not reported in normal weekly check