Why is there no help

[rmance67]

What is the name of your state (only U.S. law)? Oregon

Last year I went through a divorce was married for 25 years, she worked 23k year and went to school. My income is 50k a year gross. Her support order was granted for 1200 a month for 10 years . after taxes and the garnishment,my take home is 800.00 every 2 weeks. If im sick the full amount is still deducted through garnishment even if my my work hours are less than 40 in a 2 week period, in some cases when I have been out sick my check was 0 $ and what sick time that was paid went to her. Im out sick alot do to a heart condition. In the months I get 3 pay checks Im still garnished for alimony for the full amount. The actual suport order is for 1200.00 a month my company takes 664.00 every 2 weeks and have faught with them as to why its more. I have tried talking to the ODJ and Attorneys throught Oregon trying to find some help but no body will even talk to me. I dont understand how the law would allow such a thing. I cant afford a car and have had strangers move into my house to help pay my mortgage.What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Oregon

Last year I went through a divorce was married for 25 years, she worked 23k year and went to school. My income is 50k a year gross. Her support order was granted for 1200 a month for 10 years . after taxes and the garnishment,my take home is 800.00 every 2 weeks. If im sick the full amount is still deducted through garnishment even if my my work hours are less than 40 in a 2 week period, in some cases when I have been out sick my check was 0 $ and what sick time that was paid went to her. Im out sick alot do to a heart condition. In the months I get 3 pay checks Im still garnished for alimony for the full amount. The actual suport order is for 1200.00 a month my company takes 664.00 every 2 weeks and have faught with them as to why its more. I have tried talking to the ODJ and Attorneys throught Oregon trying to find some help but no body will even talk to me. I dont understand how the law would allow such a thing. I cant afford a car and have had strangers move into my house to help pay my mortgage.What is the name of your state (only U.S. law)?

Please tell us what your order says regarding alimony. Word for word, but without the names. Some alimony orders are modifiable and some are not. If your order is modifiable, and if your health condition is severe, it may be possible to change it. If the order doesn't specifically say that it's not modifiable, OR law allows for modification of alimony awards in the event of a change of circumstances.

How much time did you miss last year?

As for the withholding, who have you talked with at your company? And since the year is now over, add up the total that has been withheld for alimony and if it is more than the court order says, ask for a credit against future payments.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Oregon

Last year I went through a divorce was married for 25 years, she worked 23k year and went to school. My income is 50k a year gross. Her support order was granted for 1200 a month for 10 years . after taxes and the garnishment,my take home is 800.00 every 2 weeks. If im sick the full amount is still deducted through garnishment even if my my work hours are less than 40 in a 2 week period, in some cases when I have been out sick my check was 0 $ and what sick time that was paid went to her. Im out sick alot do to a heart condition. In the months I get 3 pay checks Im still garnished for alimony for the full amount. The actual suport order is for 1200.00 a month my company takes 664.00 every 2 weeks and have faught with them as to why its more. I have tried talking to the ODJ and Attorneys throught Oregon trying to find some help but no body will even talk to me. I dont understand how the law would allow such a thing. I cant afford a car and have had strangers move into my house to help pay my mortgage.What is the name of your state (only U.S. law)?

So if you gross 50k a year, you earn over 900 a week. If they deduct roughly 553.85 per biweekly paycheck how are you only taking home 800 every two weeks? Someone messed up big time.

How much is your deduction for health insurance? How much are your taxes? Spousal support is tax deductible to you and taxable to her. How much are you putting away for retirement? How much are your arrearages? What exactly does your divorce decree state about spousal support? What is the deduction order?

 

[mistoffolees]

So if you gross 50k a year, you earn over 900 a week. If they deduct roughly 553.85 per biweekly paycheck how are you only taking home 800 every two weeks? Someone messed up big time.

How much is your deduction for health insurance? How much are your taxes? Spousal support is tax deductible to you and taxable to her. How much are you putting away for retirement? How much are your arrearages? What exactly does your divorce decree state about spousal support? What is the deduction order?

It doesn't sound that far off.

Call it $1900 for 2 weeks gross.

Deduct:
Taxes are probably $200 minimum
Health insurance? $100 (probably on the low side)
$600 for alimony (I actually calculate $553 every 2 weeks, as well, but OP says that they're deduction $664)

That's $1,000 - even with conservative estimates. With 5% for retirement and more typical health insurance expenses, it could easily be $800.

OP needs to find out why they're taking out too much for alimony (I'm guessing there may be arrears or perhaps some CS). Beyond that, the numbers aren't that far off - although it is certainly worth looking at all the deductions.

 

[Ohiogal]

Well OP doesn't need retirement contributions (hence unless they are union dues or mandatory they won't be taken out of the alimony calculations). Health insurance may or may not cost anything. His company did mess up by sending all of his sick pay check to the ex. That violates federal law regarding garnishments. But he may have to buckle down and budget a bit tighter. All extras go (except health insurance). He needs to make sure his withholding is proper and the alimony is deducted PRE tax.

 

[LdiJ]

Well OP doesn't need retirement contributions (hence unless they are union dues or mandatory they won't be taken out of the alimony calculations). Health insurance may or may not cost anything. His company did mess up by sending all of his sick pay check to the ex. That violates federal law regarding garnishments. But he may have to buckle down and budget a bit tighter. All extras go (except health insurance). He needs to make sure his withholding is proper and the alimony is deducted PRE tax.

No, No, No on the bolded. That would get his employer in a whole bunch of trouble. The employee and employer still have to pay social security and medicare taxes on the alimony and there is no way for the employer to transfer the regular tax liability to the ex-spouse. In addition, state tax law varies regarding alimony. The alimony must be deducted on his federal 1040, and if applicable, on his respective state tax form.

What he needs to do is adjust his withholding to reflect the reduced taxes due to the alimony.

 

[tuffbrk]

Wow! $1200 is more than the 1/3 difference in salary that is generally the cap for alimony payments. That is really a shame.

OP you need to review the wording of your order. Also, your garnishment needs to be reviewed. It sounds very much as if someone made an error. Perhaps at the time of the divorce you were paid twice a month and now it's been switched to every 2 weeks? The garnishment paperwork remains the same, however, the payroll company is supposed to adjust the amount accordingly.

 

[Ohiogal]

No, No, No on the bolded. That would get his employer in a whole bunch of trouble. The employee and employer still have to pay social security and medicare taxes on the alimony and there is no way for the employer to transfer the regular tax liability to the ex-spouse. In addition, state tax law varies regarding alimony. The alimony must be deducted on his federal 1040, and if applicable, on his respective state tax form.

What he needs to do is adjust his withholding to reflect the reduced taxes due to the alimony.

Sorry for mis-speaking. you are correct.

 

[Ohiogal]

Wow! $1200 is more than the 1/3 difference in salary that is generally the cap for alimony payments. That is really a shame.

OP you need to review the wording of your order. Also, your garnishment needs to be reviewed. It sounds very much as if someone made an error. Perhaps at the time of the divorce you were paid twice a month and now it's been switched to every 2 weeks? The garnishment paperwork remains the same, however, the payroll company is supposed to adjust the amount accordingly.

Where did you get that CAP for alimony payments?