Child Support Deduction

[medicalscrubs]

New York

I was ordered to pay child support in 1991. At the time I was not employed and was told to pay $380.00 per week, but I was getting an annuity (a personal injury settlement) of $350.00 per month. I ended up in great arrears while I hunted for a job. When I got a job I started getting pay in the amount of $0.00 after all child support deduction. Child support collection took all my annuity payment from 1992 until today, they are still taking all my annuity.

I notice in the document to my annuity insurance company, child support advice them the insurance co./employer, to follow a guideline to 65%. Can I go back and sue my job and my insurance company for sending all my paycheck/annuity payments to child support agency? I am still paying arrears although the children are over 21 years. I stopped working for the company in 2002. Can I sue New York State for violating the guideline of the federal rules? I have filed bankruptcy, my home was foreclosed and the family I supported had to go on public assistance.

 

[BL]

In 1991 did you file a written objection to the child support amount ?

I really don't think you can sue the State or ins. Co . .

You may want to consult an Attorney about the ins. Co.

You are in fact still in arrears according to you .

 

[Gracie3787]

New York

I was ordered to pay child support in 1991. At the time I was not employed and was told to pay $380.00 per week, but I was getting an annuity (a personal injury settlement) of $350.00 per month. I ended up in great arrears while I hunted for a job. When I got a job I started getting pay in the amount of $0.00 after all child support deduction. Child support collection took all my annuity payment from 1992 until today, they are still taking all my annuity.

I notice in the document to my annuity insurance company, child support advice them the insurance co./employer, to follow a guideline to 65%. Can I go back and sue my job and my insurance company for sending all my paycheck/annuity payments to child support agency? I am still paying arrears although the children are over 21 years. I stopped working for the company in 2002. Can I sue New York State for violating the guideline of the federal rules? I have filed bankruptcy, my home was foreclosed and the family I supported had to go on public assistance.

You cannot sue the state. My husband had a similar problem, when his employer (the state) garnished 100% of his earnings. The only thing you can do is to make sure that the federal law is followed for all garnishments from now on. I fully understand your frustration about it causing you to lose your home and file bankruptcy, my husband ended up having a heart attack because he couldn't pay for his medications due to the excessive garnishments. He consulted with an attorney and was told that nothing could be done about the past garnishments.

 

[medicalscrubs]

In 1991 did you file a written objection to the child support amount ?

I really don't think you can sue the State or ins. Co . .

You may want to consult an Attorney about the ins. Co.

You are in fact still in arrears according to you .

I did file an objection in 1991 and they lowered the payment to $270.00 per week. This is while I was still unemployed. The insurance is still sending 100% of my money to CSEU.

Now my ex is suing me for spousal support arrears, $26,000. The divorce court ordered me to pay $50.00 per week back in 1992 in the New York Court where I had originally filed my divorce. We were suppose to be back in court within 60 days but we never went back to court. Ten years later the divorce was filed and finalized in another state where I am now living. While my ex still lives in NY, where she signed the papers. In the decree we said there was nothing owing except the child support settlement which was set by the New Yourk Court. Can my ex come after me for spousal support after the divorce decree has been finalizes since 2002?

 

[LdiJ]

I did file an objection in 1991 and they lowered the payment to $270.00 per week. This is while I was still unemployed. The insurance is still sending 100% of my money to CSEU.

Now my ex is suing me for spousal support arrears, $26,000. The divorce court ordered me to pay $50.00 per week back in 1992 in the New York Court where I had originally filed my divorce. We were suppose to be back in court within 60 days but we never went back to court. Ten years later the divorce was filed and finalized in another state where I am now living. While my ex still lives in NY, where she signed the papers. In the decree we said there was nothing owing except the child support settlement which was set by the New Yourk Court. Can my ex come after me for spousal support after the divorce decree has been finalizes since 2002?

If the 2002 divorce decree stated that there were no spousal support arrearages and that no spousal support would be paid, that certainly is a defense against her claim that you owe spousal support arrearages.