Question for those of you Familiar regarding garnishing of wages
DH has his wages Garnished For his child support. BM wanted this done and DH is happy for it as BM was lying to the court saying he was not paying her. The reason it was Garnished to begin with. Now it’s out of his hands. This just started last fall. BM carries the health insurance on the kids and DH splits the cost Equally with her. The court also ordered the health care premium that DH owes BM also get Garnished from his wages every two weeks like child support.
BM’s Company Increased the health care premium recently so the amount getting Garnished from DH’s paycheck is no longer correct. This being DH owes BM $30 more a month for health care. We are fine with this But here is the dilemma. BM is insisting DM pay her directly the extra $30 a month. Now it clearly says the Healthcare insurance gets taken out of his paycheck but I’m sure BM is trying to be sneaky as Im sure it will be more work on her and possibly $$$ to get it corrected through the court/Collection agency then just to have DH cut her a check every two weeks.
Has this ever happened to anyone on here where there is a Financial change that does not match with the Original court order Regarding garnishment? How would you handle BM regarding her demanding DH pay her directly?
SHE needs to take care of
SHE needs to take care of this. She needs to go to the garnishment place and file for an update with proof. It all needs to be handled officially or she will screw him over again.
Don't pay her until you see proof
Tell DH to NOT give her cash until she updates the file. There should be a CS worker assigned to her--all she would have to do is send her the statement/letter from her employer that shows the health insurance increased--no court date or anything needed.
Agree with above, but if your
Agree with above, but if your DH DOES believe her that he owes $30 more per month, I would recommend that he start setting that aside in his savings account. That way, if she does go back and starts getting it garnished, and retroactively to when insurance went up, your DH can just pay what he owes.
His order states x amount,
His order states x amount, that is all his employer can remove and submit. BM needs to have the original order legally increased. Until she does, he technically does not owe her anything other than the current ordered garnishment.
How do they spilt the out of pocket medical? Meaning the co-pays and/or the parts insurance doesn't cover. Does Dad pay the provider of services directly or does he receive receipts and pay to BM? I would want proof of actual billing and then proof he paid his share on those also.
I'm not very trusting of 'this raised , so you now owe me a new amount'. I want documented proof and legal reimbursements that hold up.
Nah, go with the CO. Just don
Nah, go with the CO. Just don't pay her the extra and she will get fed up and put it through child support enforcement.
DH will be in the right, the CO says to do it that way. Don't give BM any reason to bitch about late money, etc.
Also, who's to say that she
Also, who's to say that she won't lie and say she never received a dime? I would make her do the work and get it in the CO. Good luck.
Never ever give her cash!!!!
Never ever give her cash!!!! Everything through the agency.
And we had a problem like that with fake child care bm was claiming she was paying. Never had prove and CS agency don’t care. They would go after my husband’s savings/income only according to what she says. No receipt no nothing. Rotten system.
He ended up just paying it off since atterney would cost more than that.
So don’t ever delay with that and pay only what the CO says.
Ps. Keep your savings in the saparate account. They took my money like that and DH called and somehow got it back.
In our case either BP was
In our case either BP was responsible for correcting the CS amount due to this type of change. Since it would have reduced the CS owed to my DW for my SS we left it up to BioDad to change. He never did so he ended up paying that elevated amount for the last 6 years if the CS order.
If I were your DH I would not pay BM for anything directly. My concern is that this establishes a higher amount of payment to BM without a related CO and if she claims he has been shorting her on his shar if insurance costs she can claim the extra cash he provided is a gift.
He needs to contact the DA office to get the direct withholding corrected.
IMHO of course.