DSS arrears Help

[Paolo]

What is the name of your state (only U.S. law)? New York, NYC

The arrears I owe are to DSS. The case child support case is closed per my wife's request, she also waived all arrears owed to her by me. During our seperation, she collected public assistance from DSS. These are the arrears I still owe to the sum of $5,000+.

My question: What is the max amount that I am obligated to pay weekly towrds my DSS arrears? Is this based on my income, as child support is? Or can I pay them what I feel I can afford, being it is arrears owed to DSS and not to my wife/children? I was paying $5 a week. After moving my mail was mis-directed and I missed some payments. Soon after the garnishments started - at $177.50 a week. Finding it a bit hard to feed the family and any help would be greatly appreciated - thanks.

 

[jch44]

Here's my experience

Hi Paolo:

I'm kind of in the same boat as you are.... although my son's mother forgave the "arrearage" her county of residence had on the books, they still came after me for past-due support paid by the state because she had received public assistance for her other children whose fathers were both total deadbeats. I had always paid my support to her directly, off the books (an unfortunate poor decision in my past).

Anyhow, the enforcement department in her state attempted to garnish my income along the amounts in the original order, but in this case, the state of her residence (GA) had a statute that capped garnishment to reimburse public assistance at 25% of the originally ordered amount. I was able to invoke this to have the agency in GA file an "amended return", thereby cutting the amount of my pay being garnished by 75%.

You might want to see if any such law is on the books in the state of your situation. Good luck.

John in PA

 

[not2cleverRed]

You're kidding, right?

$5 a WEEK? So that's ~$260 a year, $2600 by the end of a decade - you think it's REASONABLE to offer to spend over 20 years paying off your debt?

My guess is that they came up with the figure of $177.50 based on your income.

Check what you'd be paying according to any of the online child support calculator's for New York.
(For basic child support for 1 child this is 17%.)
I suspect that the only argument that is likely to fly is if the garnishment is grossly out of whack with what would otherwise be collected according to child support guidelines, but the seniors on here might have a more definitive answer.

Don't expect a lot of sympathy - you weren't supporting your children while you were separated, and apparently spent that money elsewhere.

 

[Proserpina]

You're kidding, right?

$5 a WEEK? So that's ~$260 a year, $2600 by the end of a decade - you think it's REASONABLE to offer to spend over 20 years paying off your debt?

My guess is that they came up with the figure of $177.50 based on your income.

Check what you'd be paying according to any of the online child support calculator's for New York.
(For basic child support for 1 child this is 17%.)
I suspect that the only argument that is likely to fly is if the garnishment is grossly out of whack with what would otherwise be collected according to child support guidelines, but the seniors on here might have a more definitive answer.

Don't expect a lot of sympathy - you weren't supporting your children while you were separated, and apparently spent that money elsewhere.

The State can garnish up to 55% (given that OP has a second family) for child support and/or arrears.

 

[Paolo]

Thanks John in PA. I did see a similar program here in NY, I will look into it.

You're kidding, right?

$5 a WEEK? So that's ~$260 a year, $2600 by the end of a decade - you think it's REASONABLE to offer to spend over 20 years paying off your debt? ...

...Don't expect a lot of sympathy - you weren't supporting your children while you were separated, and apparently spent that money elsewhere.

"Sympathy"? "REASONABLE"? NOT2CLEVER, your name seems to fit your response. I'm here for advice not sympathy. You have no idea what my situation is other then a few tiny sentences yet you spew forth your "opinions", telling me what is and what is not REASONABLE. Let me enlighten you. After a brief seperation, my wife and I reconciled. We went ahead and had 3 more children together - for a total of 5. I worked my tail off to put the oldeest 4 through college and I have 1 more to go. I owed DSS $17,000 and have paid it down to $5,000. I know what I owe and who I owe it too. I'm not trying to skate out of what I owe, just want to know if I'm being taken advantage of by a system that offers you no help, other then an out stretched hand. BTW, the wife and I are celebrating our 32nd anniversary next week, guess I'm doing something right - how about you? Once again NOT2CLEVER, I'm here for advice , not your holier than tho opinions...

Thanks to all for your advice - goodnight.

 

[CSO286]

What is the name of your state (only U.S. law)? New York, NYC

The arrears I owe are to DSS. The case child support case is closed per my wife's request, she also waived all arrears owed to her by me. During our seperation, she collected public assistance from DSS. These are the arrears I still owe to the sum of $5,000+.

My question: What is the max amount that I am obligated to pay weekly towrds my DSS arrears? Is this based on my income, as child support is? Or can I pay them what I feel I can afford, being it is arrears owed to DSS and not to my wife/children? I was paying $5 a week. After moving my mail was mis-directed and I missed some payments. Soon after the garnishments started - at $177.50 a week. Finding it a bit hard to feed the family and any help would be greatly appreciated - thanks.

Your problem is that you stopped paying the agreed upon 5 dollars a week. When you did that, and probably did not contact your caseworker to let him or her know what was happening, the only thing they could have someone that you were just simply not going to pay. So they took any available enorcement actions to encourage compliance with the court order; including garnishing your wages.
There are other arrears management strategies that may still be available to you, but you have to make the payment in the meantime and then discuss your options with your case worker.
Misdirected mail or not, you knew you had to make the payments. You failed to do so and that is why the child support office started garnishments.

 

[Isis1]

Thanks John in PA. I did see a similar program here in NY, I will look into it.




"Sympathy"? "REASONABLE"? NOT2CLEVER, your name seems to fit your response. I'm here for advice not sympathy. You have no idea what my situation is other then a few tiny sentences yet you spew forth your "opinions", telling me what is and what is not REASONABLE. Let me enlighten you. After a brief seperation, my wife and I reconciled. We went ahead and had 3 more children together - for a total of 5. I worked my tail off to put the oldeest 4 through college and I have 1 more to go. I owed DSS $17,000 and have paid it down to $5,000. I know what I owe and who I owe it too. I'm not trying to skate out of what I owe, just want to know if I'm being taken advantage of by a system that offers you no help, other then an out stretched hand. BTW, the wife and I are celebrating our 32nd anniversary next week, guess I'm doing something right - how about you? Once again NOT2CLEVER, I'm here for advice , not your holier than tho opinions...

Thanks to all for your advice - goodnight.

did you reconcile with that same wife? why isn't SHE helping you pay it off????