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  1. #1
    sillycat is offline Junior Member
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    Garnishment of Wages vs. Voluntary Payments

    What is the name of your state? WA

    My boyfriend is paying child support and has always paid on-time. His payments were always on voluntary payments not automatic withdrawl. We recently moved and he got a new case worker. He had a good relationship with his other worker and she said he wouldn't be transferred. When he was transferred she said to talk to her boss about it to see if it can be stopped. He left a message for him to call him back. Before calling my boyfriend back he looked at the file and when he saw it was voluntary payment he changed it to garnishement of wages. When my boyfriend talked to him he said he was already transferred and couldn't do anything. He was really rude and threw in his face that he was going to have his wages garnished from that point on. I don't understand how this guy could have just done that for no reason. He was not late on any payments and he does not have arrears. Is there anything we can do to stop this?
  2. #2
    VeronicaGia is offline Senior Member
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    Quote Originally Posted by sillycat
    What is the name of your state? WA

    My boyfriend is paying child support and has always paid on-time. His payments were always on voluntary payments not automatic withdrawl. We recently moved and he got a new case worker. He had a good relationship with his other worker and she said he wouldn't be transferred. When he was transferred she said to talk to her boss about it to see if it can be stopped. He left a message for him to call him back. Before calling my boyfriend back he looked at the file and when he saw it was voluntary payment he changed it to garnishement of wages. When my boyfriend talked to him he said he was already transferred and couldn't do anything. He was really rude and threw in his face that he was going to have his wages garnished from that point on. I don't understand how this guy could have just done that for no reason. He was not late on any payments and he does not have arrears. Is there anything we can do to stop this?
    I strongly doubt it. Most if not all states have the option to garnish for child support.

    Look at it this way, he won't have to worry about the payment because it will already be paid. He will have proof that his check is garnished from his employer. Make sure he keeps his pay stubs.
    __________
    "I owe nothing to my brothers, nor do I gather debts from them. I ask none to live for me, nor do I live for any others. I am not the means to any end others may wish to accomplish. I am not a tool for their use. I am not a sacrifice on their altars." Ayn Rand
  3. #3
    Kansas4me is offline Member
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    States get a fee for handling it so of course they want it done that way.

    But as it was said, when done this way you have proof it was paid. It is probably better for you in the long run, but the ex will see less of it. My sister gets (if ex ever pays) $150.00 a month. Out of a full weeks pay (37.50) She only gets about 33.00.
  4. #4
    Silverplum is offline Senior Member
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    When the kid is grown, make sure he files for emancipation at least six months before the emancipation date. Send copies to everyone involved, especially including the employer. If he doesn't, the garnishment will continue and continue and continue...and it's hard to get the money back.

    If I were your BF, I'd be pissed off. He hasn't missed payments, he's not a problem, he's not a deadbeat. NO reason to garnish him.
  5. #5
    sillycat is offline Junior Member
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    Quote Originally Posted by Silverplum
    When the kid is grown, make sure he files for emancipation at least six months before the emancipation date. Send copies to everyone involved, especially including the employer. If he doesn't, the garnishment will continue and continue and continue...and it's hard to get the money back.

    If I were your BF, I'd be pissed off. He hasn't missed payments, he's not a problem, he's not a deadbeat. NO reason to garnish him.

    Believe me we were extremely pissed yesterday when we found out. It will look really bad to his employer. I guess we just have to adjust our budget and look at the whole situation differently. He plans on talking to the new case worker to find out what they know. Maybe the guy was just a jerk and was trying to scare him.

    Thanks for the replies.
  6. #6
    abstract99 is offline Senior Member
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    If he is making the payments anyways I don't see how it is really an issue. As Veronica said, it is only hurting the ex, she now gets less a month. It is the same way with my ex. If I pay her 150 a week, she does not see the entire 150.
  7. #7
    Silverplum is offline Senior Member
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    Here's how it *hurts* the NCP to be garnished:
    It gives the implication that he cannot be trusted to pay CS for his children. It tells his employer that there is a problem between the guy and the government. Future employers will also be involved in his personal matters.

    If he has done nothing wrong, isn't late, isn't behind...why on earth should he be garnished? Why should he be treated like a deadbeat?

    Give a little thought to how people may feel, sometime. It's not too difficult.

    Edit: Another part of the issue is this: if he is paying on his own and switches jobs, nothing changes, does it? If he is garnished and switches jobs, it takes weeks for the garnishment to catch up. NOW he's a "late-payer" (though it is not his fault) and NOW the CP is doing without support for a couple of weeks. If he pays her on his own, he gets no credit for it.

    So...who does it hurt?
    Last edited by Silverplum; 04-07-2005 at 01:55 PM. Reason: more info
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum
    Here's how it *hurts* the NCP to be garnished:
    It gives the implication that he cannot be trusted to pay CS for his children. It tells his employer that there is a problem between the guy and the government. Future employers will also be involved in his personal matters.

    If he has done nothing wrong, isn't late, isn't behind...why on earth should he be garnished? Why should he be treated like a deadbeat?

    Give a little thought to how people may feel, sometime. It's not too difficult.
    That really is becoming less and less the case. More and more states are going to almost automatic garnishing....and more and more individual judges are doing that too. Its far less of a stigma than used to be. For large employers its very routine.
  9. #9
    sillycat is offline Junior Member
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    Quote Originally Posted by newguyhere
    If he is making the payments anyways I don't see how it is really an issue. As Veronica said, it is only hurting the ex, she now gets less a month. It is the same way with my ex. If I pay her 150 a week, she does not see the entire 150.

    He only gets paid twice a month, if they garnish 50% of his wages each check they won't get the amount the full amount owed every month. There will be arrears adding up every month. That just seems silly when we can and did send them a check for the full amount.
  10. #10
    abstract99 is offline Senior Member
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    Then it is up to him to pay the other half. It sounds to me like they are taking to much out anyways. I personally went down and had the wages taken right out of my check. It is a lot easier for me than having to send a payment in every week. If he switches jobs it is his responsability to keep the payments current until the garnishment takes effect. time to act like an adult and take on some responsability. I would check and see that the support was calculated right because 50% of the check seems like a lot of money unless there are a lot of kids or he is working below his earning potential.
  11. #11
    sillycat is offline Junior Member
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    Quote Originally Posted by newguyhere
    Then it is up to him to pay the other half. It sounds to me like they are taking to much out anyways. I personally went down and had the wages taken right out of my check. It is a lot easier for me than having to send a payment in every week. If he switches jobs it is his responsability to keep the payments current until the garnishment takes effect. time to act like an adult and take on some responsability. I would check and see that the support was calculated right because 50% of the check seems like a lot of money unless there are a lot of kids or he is working below his earning potential.
    I am sorry but how can you say he is not taking responsibility when he has always paid on-time no matter how much he makes.
  12. #12
    mrsbrown is offline Member
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    Quote Originally Posted by sillycat
    I am sorry but how can you say he is not taking responsibility when he has always paid on-time no matter how much he makes.

    Read it again. He is saying that since it is now garnished if he switches jobs in the future he needs to stay on top of making the additional payments that might get lost in the job switch. Garnishments take time to get set up with a employer and there is a gap in time that payments should be made.
  13. #13
    Silverplum is offline Senior Member
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    This is only one of the problems I listed. And you may rest assured that BF will not get *credit* for having made payments between jobs. And you may also be sure that he will never know exactly where he stands with the state.

    It's all one big cluster****.
  14. #14
    abstract99 is offline Senior Member
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    If he makes payments directly to the CS agency he will.
    Sillycat, I am sating what Mrs. Brown said
  15. #15
    critterperson is offline Member
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    Quote Originally Posted by sillycat
    Believe me we were extremely pissed yesterday when we found out. It will look really bad to his employer. I guess we just have to adjust our budget and look at the whole situation differently. He plans on talking to the new case worker to find out what they know. Maybe the guy was just a jerk and was trying to scare him.

    Thanks for the replies.
    Did this send up a red flag for anyone??? If he pays ontime everytime why the need to adjust the budget????????? Food for thought

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