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Direct payments of child support

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almostsm

Member
What is the name of your state? WI

If I file a request for child support, will it automatically be garnished from his paycheck? Can I get the order and have him pay me directly instead?
 


GrowUp!

Senior Member
almostsm said:
What is the name of your state? WI

If I file a request for child support, will it automatically be garnished from his paycheck? Can I get the order and have him pay me directly instead?
And what would be the difference?
 

almostsm

Member
If he pays me directly, I can get the money the day he gets paid- this is what he would rather do. He's got other children who he's paying for and his employer garnishes his wages. He keeps up with what's going on with those payments (because they go to a child support agency) and is finding out their mother doesn't get the money until DAYS, even weeks after the money's been taken from his checks. I trust him to give me the money when he says he will because before the court ordered garnishment of his wages to the other mother he was always faithful with paying on time. Also, we don't want the court to order the amount. I understand the law and know what our children are entitled to as far as child support goes. However, I know if they took the entire amount that our state would take from him in addition to support for the other children, he wouldn't be able to live, much less take care of our children when they're with him, and that's not good for our kids. I work just like he does, and if I couldn't financially support my children without his help, I would have never had them. It's his responsibility to financially support them, but I don't think it should be at the cost of him not being able to support himself (or our children when with him as I've already said.)

Sorry. This was long-winded.
 

GrowUp!

Senior Member
almostsm said:
If he pays me directly, I can get the money the day he gets paid- this is what he would rather do. He's got other children who he's paying for and his employer garnishes his wages. He keeps up with what's going on with those payments (because they go to a child support agency) and is finding out their mother doesn't get the money until DAYS, even weeks after the money's been taken from his checks. I trust him to give me the money when he says he will because before the court ordered garnishment of his wages to the other mother he was always faithful with paying on time. Also, we don't want the court to order the amount. I understand the law and know what our children are entitled to as far as child support goes. However, I know if they took the entire amount that our state would take from him in addition to support for the other children, he wouldn't be able to live, much less take care of our children when they're with him, and that's not good for our kids. I work just like he does, and if I couldn't financially support my children without his help, I would have never had them. It's his responsibility to financially support them, but I don't think it should be at the cost of him not being able to support himself (or our children when with him as I've already said.)

Sorry. This was long-winded.
Well now you're confusing the calculation of child support with garnishment.

Garnishment is now required (at least through a CSEA...it might be different for those who get divorced as they can address it in their divorce decree).

Once CSEA does their calculation -- which will be via guidelines and they are bound by Administrative Law, so they are not allowed to accept any agreement among the parents -- you or him can appeal the CSEA decision THEN offer your agreement to the Court to see if a Judge will sign off on it.

As far as avoiding garnishment, that might not be possible. Plus, it protects both parents. Yes, it could be as long as 2 weeks until the parent recieves the money. The employer is given time to send in the money, then the CSEA has a set amount of time to distribute it to the parent. If one is that dependent on cs being received in such a quick fashion, then it might be time to review expenses, etc.
 
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ceara19

Senior Member
If you don't NEED the money, why does it matter if it takes one day, one week or one month to get the payments?
 

LdiJ

Senior Member
NotSoNew said:
most states now require garnishment.
Alot of states/courts try to make you think that garnishment is required, but it actually not "law" in most states.
 

rmet4nzkx

Senior Member
Here are the WI guidelines.
http://dwd.wisconsin.gov/dwd/publications/dws/child_support/dwsc_824_p.htm
Please note that since he is already paying child support for other children, YOUR child support will be condiserably reduced and other factors come into play. This amount may be less than what you were considering a reduced amount. Please run the numbers before you begin to make consessions you may be surprised. Also going through CSEA takes a lot of the stress and strain out of it, furhtermore, once the initial delay takes place establishing the garnished payments, they will come on a regular basis as long as he is employed.
 

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