Court negleigence on child support

[Alex1979]

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

The court has been taking $354.00 a month more for child support than what is on my child support calculation form (CS-42) done by the court. This has caused my family and I emotional stress, and embarassment because they are disconnecting, my utilities at my home also I am having a difficult time providing food for my family. Is there anything the court can do so I can be compensated for the courts negliegence due to my emotional stress, and financial struggles they have caused?

 

[Just Blue]

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

The court has been taking $354.00 a month more for child support than what is on my child support calculation form (CS-42) done by the court. This has caused my family and I emotional stress, and embarassment because they are disconnecting, my utilities at my home also I am having a difficult time providing food for my family. Is there anything the court can do so I can be compensated for the courts negliegence due to my emotional stress, and financial struggles they have caused?

Are you in arrears?

 

[CSO286]

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

The court has been taking $354.00 a month more for child support than what is on my child support calculation form (CS-42) done by the court. This has caused my family and I emotional stress, and embarassment because they are disconnecting, my utilities at my home also I am having a difficult time providing food for my family. Is there anything the court can do so I can be compensated for the courts negliegence due to my emotional stress, and financial struggles they have caused?

So what are you ordered to be paying? Do you owe any past due support?

When you spoke to your employer about he error in withholding, what did they say?

When you spoke to your child support caseworker about the error in withholding, what did they say?

 

[Antigone*]

How long has this gone on?

 

[TheGeekess]

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

The court has been taking $354.00 a month more for child support than what is on my child support calculation form (CS-42) done by the court. This has caused my family and I emotional stress, and embarassment because they are disconnecting, my utilities at my home also I am having a difficult time providing food for my family. Is there anything the court can do so I can be compensated for the courts negliegence due to my emotional stress, and financial struggles they have caused?

Short answer: No.

Link to Alabama Administrative Court site on Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

DHR Website for CS Payments (paying via DHR)
https://216.226.178.178/opi/login.asp

State of AL Website for CS Payments (paying via the court system)
Alabama Central Disbursement Division

Worksheet used in Alabama to compute Child Support:
disLogonGrid
(It's number 42)

 

[mistoffolees]

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

The court has been taking $354.00 a month more for child support than what is on my child support calculation form (CS-42) done by the court. This has caused my family and I emotional stress, and embarassment because they are disconnecting, my utilities at my home also I am having a difficult time providing food for my family. Is there anything the court can do so I can be compensated for the courts negliegence due to my emotional stress, and financial struggles they have caused?

Geekess is right. Any emotional stress is largely your own fault. When you found out they were taking out too much, it is up to you to address it with CSE. Ask for an audit or justification for the amount being taken out. If they still have it wrong, take them back to court.

 

[MommaBearX3]

So with $358 dollars you can pay all of your utilities and feed your family? Wow-- I can't even feed my family on $358/month (Teenagers-- sigh).

 

[Silverplum]

So with $358 dollars you can pay all of your utilities and feed your family? Wow-- I can't even feed my family on $358/month (Teenagers-- sigh).

The poster didn't state that.

Also, it's pretty clear to most that different locales have different economies: what costs $358 in Area-1 can easily cost $458 in Area-2, and $258 in Area-3.

 

[mistoffolees]

The poster didn't state that.

Also, it's pretty clear to most that different locales have different economies: what costs $358 in Area-1 can easily cost $458 in Area-2, and $258 in Area-3.

Well, OP is in Alabama, so it's more like $458 in Area-2 and $558 in Area-3. Alabama has one of the lower cost of living levels.

But it doesn't really matter. That's a significant amount out of the budget for many people. That's why OP should have done something about it as soon as he learned that too much was being taken out rather than doing nothing - and then wanting to sue the state.

 

[Silverplum]

It was my polite way of saying, "That has nothing to do with anything. "

 

[Alex1979]

Yes I do have arears.

 

[Alex1979]

No I did not dig this hole Antigone**************...... I have already filed to have this corrected and I am already scheduled with a court date. I would like to know since this is an error on the courts fault, is there anything I can get because of the courts disrepancy?! Just imagine how it would be if someone started taking an extra $350 out of your check on top of things that have already been coming out and tell me what you think then****************************......Thank you everyone else for your answers. In the end I think it may be nothing that can be done., although there should be something to be done.

 

[Silverplum]

Yes I do have arears.

So...is any of the "extra" money taken from your checks going to pay off your arrears?

 

[Zigner]

No I did not dig this hole Antigone. I have already filed to have this corrected and I am already scheduled with a court date. I would like to know since this is an error on the courts fault, is there anything I can get because of the courts disrepancy.

That's her signature line. It's not directed at you personally.

 

[LdiJ]

So...is any of the "extra" money taken from your checks going to pay off your arrears?

Since there is very little chance you would get any kind of refund, since you owe arrears, do make sure to ask the judge to credit the overpayment towards your arrears.