whole check taken away?
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My husband is actively paying on child support, he started a new job full time and they are taking his whole paycheck and leaving him with absolutly nothing. He is $15,000 dollars in child support debt (arrerage) are they even allowed to leave him with absolutly nothing? What governs this?
yuppers!
My ex husband is left with about $400 a month after all the child support is taken, the medical insurance is taken (court ordered insurance). I have even contacted AG to ask for leniency for him. They said that it wasn't about my money, it was about the interest that he owed them for the arrears. They seized his bank account that he held jointly with his wife. Their house payment bounced. And I am not even getting all this money!!!
My husband now also has arrears because he had been injured at work and could not work. Four years later, he is still fighting with his back problems, even has a back surgery scheduled for Wednesday. But they would not give him a disability clearance because the doctor said he was 74% disabled and they have a 75% minimum. Yet the doctors still will not release him to work. To top it off, after five years, he found out that he had a son from a one night stand. They ordered five years of arrears be paid for a child he never knew about. If he was to work a $20 an hour job right now, he would bring home less than $700 a month to live on and we have two children to support. The entire system sucks!
"Having a family is like having a bowling alley installed in your head." ...Martin Mull
My ex and I wanted to handle CS on our own but you are forced
to file. It's supposed to be for your own good, so I take issue with that.
Then, I had to write a letter because they came up with some sort of arrears for him a couple years after we divorced. This wasn't from when he paid me directly, so I think they screwed up. He never missed a payment.
So anyway, I had to write them and have it notarized that he did not owe me any extra back CS. They had frozen his tax return til I got them the letter.
I was peeved.
What if I was a greedy jealous vindictive ex? He would have been screwed.
I think the system benefits the county government. My cousin worked in Dept of Human Resources for 30 years. They threw huge picnics and parties for their employees and their kids a couple times a year. Where did that funding come from? My employers rarely did that for us.
"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra
silly sita
"What if I was a greedy jealous vindictive ex? He would have been screwed."
u know no one cares if the NCP gets screwed!! they are all deadbeat dads, dontcha know?!
"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin
Well I care...
But mine is shared parenting not FC. "Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra
AND... are YOU getting that interest?
Why do THEY get interest from back arrears? Were they paying you when he couldn't or what?
That's fishy.
"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra
I don't think they can take it all...
I know they can garnish your wages, your bank accounts, even take your property to satisfy the debt, but I think when garnishing wages that they have to leave some minimum amount for your own subsistence.
Check out this link by Michigan Legal Aid, which addresses garnishments:
http://www.michiganlegalaid.org/library_client/resource.2005-09-28.40887....
It says, "If you are employed, a judgment creditor may attempt to garnish your wages. A form is sent to your employer to compute the amount available for garnishment. By federal law, at least $154.50 per week is exempt from garnishment. If you make more than that, up to 25% of your wages can be paid to the judgment creditor."
Also, see this link:
http://www.legalaidwestmich.org/resource.2005-07-06.4449979183/html_view
"In addition, under federal law, a certain amount of a paycheck is protected. There is a formula to determine this amount. In simplest terms, the most that can be garnished is the lesser of 25% of the amount left after the deduction of state, federal and local taxes and retirement. OR
Amount left after deduction of minimum wage per hour for 30 hours per week."
And...
"Federal law provides that a garnishment against wages must leave the person with the greater of 75% of disposable income (Income after taxes) or minimum wage for a standard work week."
♥ ANNE 8102 ♥
Garnishments for Child Support...
have different guidelines....but still do not allow for 'entire' paychecks to be taken.
In Colorado, the amount deducted can not be greater than 50% of their disposable income. If the arrears balance is greater than 12 weeks, then it jumps to 55%. If the parent is NOT supporting a second family than it jumps to 65%.
The order to withhold child support that is sent to the employer will state what the limits are and a copy must be released to your DH upon his request. Have him ask and make sure they are not taking more than what is allowed.
"For every ailment under the sun....There is a remedy, or there is none;
If there be one, try to find it; If there be none, never mind it." ~ W.W. Bartley
see thats why i love PA
tahts where im from and they do some things so much better than they do here in MO for example
*sigh* missing home...
"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin
I live in Michigan. Anyone
I live in Michigan. Anyone aware of the laws about all this here?
We had filed jointly as far as income tax, instead of getting $1200 for the stimulus, we only got 600 (my cut) his automatically went to FOC. As far as the other tax checks, they also took out his cut.