garnished wages

[dad43]

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

i live in texas, and my ex/son live in florida. my wages are garnished, starting on january 8, 2009.

my mediation order stated my ex's attorney would get the information to my employer no later than december 1st, 2008. however, they did not even send it to the judge till december 11th. i paid 1.2 of december because i was unable to pay the other half until later, due to having to be in mediation, and since i missed 3 days of work, i could not give money i didn't have right then. now, my ex is saying i never paid in january, because she didn't get all of the money from my employer till the end of the month, and in her words "therefore, it is february's payment, and not january's so you are behind"...my question is, (and i have been unable to find it online-sorry), is if the money was deducted from my pay IN JANUARY, doesn't that mean it was PAID in january? i pay to the state of florida, and according to my ex, when i am paid every other friday, she gets the money about 3 business days later(so wed-thurs, depending on holidays etc)...SO, how am i paying? if it's paid to her a week after it's deducted, doesn't that mean that she's being paid for that month? or is she recieving payments a "month early"? i don't know, and she's being ruthless about this. my HR woman calls it "real time" payments, which means that she's being paid for the 2 weeks like i am, but my ex is stating since it comes at the end of the month, then it's for the following month.

i'm so confused. and i no longer have my attorney, so asking him is out of the question.

oh and another question, as for some reason, i get mixed answers online about this:
in florida, can i deduct my medicare taxes? whenever i am given a financial affidavit, it only takes off *my* federal taxes, but it counts off my *ex-wifes* medicare & federal. i pay about $25k in federal and medicare, and i'm not being able to deduct the medicare. is that deduction only for the custodial parent? it doesn't ask either parent for SS taxes, so i am assuming that neither of us can count those. if i could, dang, all 3 taxes, make my net income half of my gross income! wow!

thank you so much for any replies

dad43

 

[Ohiogal]

If it is paid in January it is January's payment unless you have paid MORE than January and then it may be applied towards arrears if there are any. CSEA will have records and they determine to what month it is applied.

 

[Gracie3787]

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

i live in texas, and my ex/son live in florida. my wages are garnished, starting on january 8, 2009.

my mediation order stated my ex's attorney would get the information to my employer no later than december 1st, 2008. however, they did not even send it to the judge till december 11th. i paid 1.2 of december because i was unable to pay the other half until later, due to having to be in mediation, and since i missed 3 days of work, i could not give money i didn't have right then. now, my ex is saying i never paid in january, because she didn't get all of the money from my employer till the end of the month, and in her words "therefore, it is february's payment, and not january's so you are behind"...my question is, (and i have been unable to find it online-sorry), is if the money was deducted from my pay IN JANUARY, doesn't that mean it was PAID in january? i pay to the state of florida, and according to my ex, when i am paid every other friday, she gets the money about 3 business days later(so wed-thurs, depending on holidays etc)...SO, how am i paying? if it's paid to her a week after it's deducted, doesn't that mean that she's being paid for that month? or is she recieving payments a "month early"? i don't know, and she's being ruthless about this. my HR woman calls it "real time" payments, which means that she's being paid for the 2 weeks like i am, but my ex is stating since it comes at the end of the month, then it's for the following month.

i'm so confused. and i no longer have my attorney, so asking him is out of the question.

oh and another question, as for some reason, i get mixed answers online about this:
in florida, can i deduct my medicare taxes? whenever i am given a financial affidavit, it only takes off *my* federal taxes, but it counts off my *ex-wifes* medicare & federal. i pay about $25k in federal and medicare, and i'm not being able to deduct the medicare. is that deduction only for the custodial parent? it doesn't ask either parent for SS taxes, so i am assuming that neither of us can count those. if i could, dang, all 3 taxes, make my net income half of my gross income! wow!

thank you so much for any replies

dad43

As you know, garnishments can take awhile to begin.
It doesn't really matter at this point when you pay and when she recieves. what matters right now is determining if you are behind, and if so, by how much.

To determine that, look at your court order to find the beginning date for your payments. Figure out how much has been owed from the starting point til now. Then, figure out how much you have paid in total, through garnishments and payments sent in by you before garnishment started.

Are you completely current?
If so, you don't have any problems.
If you do show any arrears, go ahead and pay them through the FL SDU, which address should be in your court order, or your IDO.

The next time you have to fill out a financial affidavit, you should deduct ALL of your taxes, including medicare taxes.

 

[dad43]

The next time you have to fill out a financial affidavit, you should deduct ALL of your taxes, including medicare taxes.

see i argued this with the mediator, And found that NO taxes were deducted. when i look at my worksheet that he gave me(which is a copy of the 1 he used to determine the amount), he took my income, divided it by 26(amount of times i get paid every year), and set support at that amount. he did not deduct anything whatsoever, it just shows that he took my yearly income, and divided it by 26, added it with my ex-wifes income, came up with the monthly obligation that we both have towards my son, did a multiplication of .75, and came up with my amount. he did not deduct ANY insurance payments, previous support for another child(court ordered), nor did he deduct any taxes.

i am now up against my ex and her lawyer, in her lawyers office, with a mediator whom my attorney originally turned down, because it is apparently known that the mediator and my wife's atty are friends on a social basis.

between the deductions not being counted, and the new mediator(who miraculously is coming an hour away, for half the money), and having it at my ex's atty's office, i feel like i'm being set up. i know that sounds dumb, but that's how i feel! it's like, since they know i don't have an atty, they believe i have no other resources, like the wonderful answers(and apparently truthful) help i have recieved from you folks.

i have until 5 days before mediation to request a different mediator/location. would anyone think that since it is a good assumption the atty/mediator are friends, that it is good enough reason to ask for a change? i'd rather pay the extra p/hr for a mediator who is not privately involved, then get a "discount" and get screwed again, if that makes any sense!

 

[LdiJ]

see i argued this with the mediator, And found that NO taxes were deducted. when i look at my worksheet that he gave me(which is a copy of the 1 he used to determine the amount), he took my income, divided it by 26(amount of times i get paid every year), and set support at that amount. he did not deduct anything whatsoever, it just shows that he took my yearly income, and divided it by 26, added it with my ex-wifes income, came up with the monthly obligation that we both have towards my son, did a multiplication of .75, and came up with my amount. he did not deduct ANY insurance payments, previous support for another child(court ordered), nor did he deduct any taxes.

i am now up against my ex and her lawyer, in her lawyers office, with a mediator whom my attorney originally turned down, because it is apparently known that the mediator and my wife's atty are friends on a social basis.

between the deductions not being counted, and the new mediator(who miraculously is coming an hour away, for half the money), and having it at my ex's atty's office, i feel like i'm being set up. i know that sounds dumb, but that's how i feel! it's like, since they know i don't have an atty, they believe i have no other resources, like the wonderful answers(and apparently truthful) help i have recieved from you folks.

i have until 5 days before mediation to request a different mediator/location. would anyone think that since it is a good assumption the atty/mediator are friends, that it is good enough reason to ask for a change? i'd rather pay the extra p/hr for a mediator who is not privately involved, then get a "discount" and get screwed again, if that makes any sense!

It sounds to me like he used FL guidelines to calculate your child support, rather than TX guidelines. Under TX guidelines you ex's income wouldn't be relevant, and under FL guides your taxes wouldn't be relevant. However, a previous child support order definitely would be.

If it were me, I would be googling for CS worksheets for both states, and would go into mediation with the numbers run myself. That would give you a basis to argue with the mediator if he runs the numbers wrong.

 

[dad43]

well, he asked for my tax return, so he could deduct the federal taxes. and yes it goes by florida, because that's where the order is out of...

as for them not counting taxes, wow! that's like saying i don't pay any...

well, when i run the calculators, it asks for my federal and fica taxes...1still gives me the same number as another calculator that DOESN'T ask for my taxes gives me...

and i do know according to the child support worksheet that i'm allowed to deduct my ins payments for all but the child in the order. yet he didn't deduct that either...

the worksheet is a pain in the butt, has a lot of "multiply by.xx" i guess i just need to sit down, do it and then figure it out. i guess overall i'm baffled that the state says it costs 1800 a month to raise my 5 year old, and that i'm responsible for 80% of that...not complaining, it just seems like i should only be responsible for my sons actual expenses, which are less than what i pay, but i do know that i'm liable for a portion of her living expenses.

oh well, i'll inquire about it, and just do as told if that's how it's to be...

thank you so much for your information and your help!

 

[LdiJ]

well, he asked for my tax return, so he could deduct the federal taxes. and yes it goes by florida, because that's where the order is out of...

as for them not counting taxes, wow! that's like saying i don't pay any...

Many states don't count taxes, but the calculations take that into consideration. They don't all apply the exact same numbers/percentages.

and i do know according to the child support worksheet that i'm allowed to deduct my ins payments for all but the child in the order. yet he didn't deduct that either...

Actually you have that backwards, its only insurance for the child in the order that is allowed to be included in the calculation. Insurance for other parties is not.

the worksheet is a pain in the butt, has a lot of "multiply by.xx" i guess i just need to sit down, do it and then figure it out. i guess overall i'm baffled that the state says it costs 1800 a month to raise my 5 year old, and that i'm responsible for 80% of that...not complaining, it just seems like i should only be responsible for my sons actual expenses, which are less than what i pay, but i do know that i'm liable for a portion of her living expenses.

Child support is based on income. If you are responsible for 80% that means that you make 4 times the income that mom makes. Therefore the law expects you to provide your son some more than if both you and mom were low income....and you are correct, child support covers housing, utilities and other expenses as well. Its not just your child's direct expenses.

 

[nextwife]

Many states don't count taxes, but the calculations take that into consideration. They don't all apply the exact same numbers/percentages.

Seems to me that if one lives in a high tax state, like my WI, and CS is being calculated in a low tax state that doesn't consider tax in the calculations, you'd may up with an order that requires way more of one's available income, percentage wise, than the calculations are intended to use. Because if the taxes are "built into the calculations" those numbers may not correctly reflect the taxes the NCP actually must pay.

 

[Gracie3787]

see i argued this with the mediator, And found that NO taxes were deducted. when i look at my worksheet that he gave me(which is a copy of the 1 he used to determine the amount), he took my income, divided it by 26(amount of times i get paid every year), and set support at that amount. he did not deduct anything whatsoever, it just shows that he took my yearly income, and divided it by 26, added it with my ex-wifes income, came up with the monthly obligation that we both have towards my son, did a multiplication of .75, and came up with my amount. he did not deduct ANY insurance payments, previous support for another child(court ordered), nor did he deduct any taxes.

i am now up against my ex and her lawyer, in her lawyers office, with a mediator whom my attorney originally turned down, because it is apparently known that the mediator and my wife's atty are friends on a social basis.

between the deductions not being counted, and the new mediator(who miraculously is coming an hour away, for half the money), and having it at my ex's atty's office, i feel like i'm being set up. i know that sounds dumb, but that's how i feel! it's like, since they know i don't have an atty, they believe i have no other resources, like the wonderful answers(and apparently truthful) help i have recieved from you folks.

i have until 5 days before mediation to request a different mediator/location. would anyone think that since it is a good assumption the atty/mediator are friends, that it is good enough reason to ask for a change? i'd rather pay the extra p/hr for a mediator who is not privately involved, then get a "discount" and get screwed again, if that makes any sense!

You are in the middle of a modification, correct?

If so, you're in luck, this time you can learn the laws and make sure that you will be charged the correct amount.

First, go to Statutes & Constitution :View Statutes : flsenate.gov to read the FL CS laws in chapter 61.
61.30 contains the CS guidelines, which reads in part:


(3) Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions shall include:

(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

(b) Federal insurance contributions or self-employment tax.

(c) Mandatory union dues.

(d) Mandatory retirement payments.

(e) Health insurance payments, excluding payments for coverage of the minor child.

(f) Court-ordered support for other children which is actually paid.

(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

(4) Net income for each parent shall be computed by subtracting allowabledeductions from gross income.

You can do the computations using the Court approved financial affidavit and CS guidelines worksheets that you can find at Florida State Courts. These forms are very easy to understand and fill out.

Before you go to mediation, read all of chapter 61 and print out the laws and take them with you so that you can hand them the laws that they will not be able to agrue with. Also take along the financial affidavit and guidelines worksheet.

Also, although the mediator did not deduct the taxes, etc last time, the good news is that if he divided your yearly income by 26, it gave you less monthly income.
The correct way to compute the monthly income is to figure out your yearly income and taxes, then divide that number by 12, not 26.

There are also laws that will apply in chapters 88 and 409, which you should also read.

 

[respectthedad]

I do want to say one thing. When my order for CS was issued in JAN it did not take effect for awhile. The AG said although my wages came out in FEB they did not receive them until March therefore I did not pay in FEB. That was in Texas. And I dont think it counts when you ex actually gets it.

Why dont you call the AG and speak with them. They have attorneys. That way you can get unbiased help instead of your ex's attorney.

 

[swtwilma]

When your child support order starts is when you start paying. You are responsible for paying the clearinghouse or the AG office until garnishment begins (which you should set up). If there is a laps in time make sure you contact the AG office and make sure you are up to date and if you aren't get up to date.

 

[dad43]

to follow up on things some of you have said:

i was to pay directly to her(and i kept reciepts/checks), until garnishment started.

gracie-i am not in the middle of a modification i don't think. we had mediation, and temporary orders set in november of last year. the judge now wants us to go back to mediation next month, 2 weeks before trial is to begin, to see if we can clear things up on our own.

swtwilma-i was told by the mediator, my attorney(i had one then) that it was the wife's atty's responsibility to get the papers to my employer, but that i had to pay direct until they did it. which i did. i was half a payment behind, but i caught it up when i rec'd taxes the next month.


(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

i am unsure what that means, b/c it says that^^ and this down below:
(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
what is the difference between the 2? i'm unsure?

 

[LdiJ]

to follow up on things some of you have said:

i was to pay directly to her(and i kept reciepts/checks), until garnishment started.

gracie-i am not in the middle of a modification i don't think. we had mediation, and temporary orders set in november of last year. the judge now wants us to go back to mediation next month, 2 weeks before trial is to begin, to see if we can clear things up on our own.

swtwilma-i was told by the mediator, my attorney(i had one then) that it was the wife's atty's responsibility to get the papers to my employer, but that i had to pay direct until they did it. which i did. i was half a payment behind, but i caught it up when i rec'd taxes the next month.


(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

i am unsure what that means, b/c it says that^^ and this down below:
(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
what is the difference between the 2? i'm unsure?

Lets say that you claim single and zero on your W4 with your employer, but you are actually married with 3 dependent children. That means that you are having way more federal tax withheld from your pay than is needed to cover your tax liability, therefore you get a big refund.

Therefore, for the purpose of the calculation they will adjust your withholding to reflect what you really need withheld to cover your tax liability. If someone with dependent children actually ends up with a zero tax liability (quite common) then they might adjust it to zero.

 

[dad43]

aha...i get it now!

ok, i claim single/0 through year, and until last year my wife filed single/1 at tax time, so did i...this year we will file together. last year she filed with our son and single.

although since we just got married, she is considering filing married/sep because of a tax liability she has, and it would be easier for it to be paid from her return alone, and for me to claim our son and file HOH. she is the tax girl, not me haha!

 

[Gracie3787]

gracie-i am not in the middle of a modification i don't think. we had mediation, and temporary orders set in november of last year. the judge now wants us to go back to mediation next month, 2 weeks before trial is to begin, to see if we can clear things up on our own.

OK, now I understand, this round of mediation is to have a perm order issued.
It works out the same, since the order isn't fully finalized yet, you still have the opportunity to make sure things are done correctly, by heeding the advice I gave in my previous post. Do all the computations and print out the laws, take to mediation with you. If ex and mediator do not want to follow the law, just refuse to agreee and tell them that it can go to court.

Once in court, the Judge will have to follow the laws, which of course you will bring with you. Be sure to hire a court reporter for the court hearing, just in case you need to appeal.