Full amount being taken out of 2 paychecks?

[katie791]

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

I am paying child support for a child I no longer have rights to (I gave them up) and they are stating I owe current as well as back support. How can I owe current if I gave up my rights (3 years ago) as well as the child was officially adopted? Also, while I am waiting for court hearing, they are taking the full amount of child support out of both of my paychecks. How can they do that? I literally have nothing left to live on after it taken out. I have a family to support, and while I have no issue supporting the child up until the point I gave up my rights (as did the mother 3 years ago) I should not have it taken out of both checks. I can see splitting it up between them, how to go about getting this resolved? I am working 2 part time jobs for minimum wage so you can imagine what money I am not left with every week.

 

[sandyclaus]

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

I am paying child support for a child I no longer have rights to (I gave them up) and they are stating I owe current as well as back support. How can I owe current if I gave up my rights (3 years ago) as well as the child was officially adopted? Also, while I am waiting for court hearing, they are taking the full amount of child support out of both of my paychecks. How can they do that? I literally have nothing left to live on after it taken out. I have a family to support, and while I have no issue supporting the child up until the point I gave up my rights (as did the mother 3 years ago) I should not have it taken out of both checks. I can see splitting it up between them, how to go about getting this resolved? I am working 2 part time jobs for minimum wage so you can imagine what money I am not left with every week.

You decided to give up your parental rights to this child. That doesn't eliminate your child's right to financial support from the parent(s) that conceived them.

While you may think it's better for the child to be raised by other people, you will still be obligated to provide support for that child until they are able to take care of themselves, or until the court has decided that you are no longer required to do so.

 

[katie791]

so every child that is concieved and then given up for adoption, the biological parents still have to pay support? Why isn't the mother paying support as well then?

I am really more concerned with the fact that it is being taken full out of both checks. Like I said I know I have to pay for back support and we are going to court over the current, but to take from 2 paychecks the full amount owed each week? I tried to call my case worker, but to get the on the phone is an act of congress these days.

 

[Zigner]

The child was already adopted by another person. The prior poster just didn't catch that.

You need to keep on the phone until you get through to someone.

 

[nextwife]

You decided to give up your parental rights to this child. That doesn't eliminate your child's right to financial support from the parent(s) that conceived them.

While you may think it's better for the child to be raised by other people, you will still be obligated to provide support for that child until they are able to take care of themselves, or until the court has decided that you are no longer required to do so.

Ummm, no. An adoption would negate bioparents obligation. When we adopt, we assume all rights and responsibilities. Adoptive parents do not expect post adoptive support from the bioparents.

 

[CSO286]

This can be a difficult place. I'm ASSuming that OP owes an arrearage.

Now, if she is working part time at two different min wage jobs, it's quite likley that the state may be taking support from both jobs and requesting the full amount form both.

This would be my educated case:

They cannot know for certain how much OP will earn from either job.
OP is not earning enough to pay the full obligation from one job alone. CCPA may kick in and cap the allowable withholding.

For that reason, they served IW on both employers.

However, this also means that they should be monitoring the case quite closely as there is a limit on the amount the state is allowed to withold each month (in most states, it's usually no more than 120% of the obligation).

 

[ecmst12]

"Katie" is the father, eh?

 

[katie791]

No "Katie" is a woman, her husband, me, is using this to ask a question, is that ok with you???

I make enough to cover the full amount in one paycheck, but taking it from both jobs is now leaving me with not enough to help cover our family bills.

Right now they are currently telling me I owe current as well as back support...like I stated in orginal post, I gave up my rights 3 years ago so the child could be adopted how do I owe current support?? I had a year where I fell on really hard times so I know that I owe that back support and have NO ISSUE paying that, the issue I have is paying current support for a child that is legally adopted and the money is going to the mother who also does not have legal custody as she gave up her rights as well in order for this child to be adopted.

All I can do is keep calling and eventually he will answer my messages or pick up the phone, it is just tough because I work where I really can't be on the phone all day long so it is hit or miss when I am able to take 5 minutes to just TRY calling.

 

[ecmst12]

We really prefer if each poster gets their own user name. Sharing creates confusion.

I agree it does not make sense that you should be getting charged for current support. To investigate what is going on, you will need to find the court order and possibly go back to court to modify it. Getting a lawyer might be your best bet to correct things.