How does child support services work?

[nocontact]

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

We have been going through Department of Child Support Services (DCSS) ever since a few months ago. My ex paid whatever he was behind and has been up-to-date in payments since. Since then, he has started a second job part-time (this is purely for informational purposes, as I am not pursuing anything more). He normally makes 2 payments each month, each for half of the agreed child support. This month, I've gotten 3 payments so far (no particular schedule), each for about a quarter of the monthly payment, but none are exactly the same; that is, 2 payments are a few dollars and a few cents over and 1 payment is a few dollars and cents under, but if you add up all three, they don't equal 3/4 of the total amount either.

I'm not complaining. I just don't want to get in trouble for "overpayment" in the future. Right now, it isn't overpayment anyway but I'm unsure why the payments are over/under each time. Is it because he got another part-time job? Or is it just how my ex has decided to pay this month?

 

[CJane]

It's hard to say. My ex paid the exact owed amount on the 17th of every month for years. Then, all of a sudden he started paying 1/2 a payment 2x/month. Lately, it's been weird amounts here and there, no schedule, sometimes overpaid for the month, sometimes underpaid. Impossible to predict. *shrug* Just the way it is.

 

[nocontact]

It's hard to say. My ex paid the exact owed amount on the 17th of every month for years. Then, all of a sudden he started paying 1/2 a payment 2x/month. Lately, it's been weird amounts here and there, no schedule, sometimes overpaid for the month, sometimes underpaid. Impossible to predict. *shrug* Just the way it is.

Thank you for the quick response, CJane.

At least I know it's not so out of the ordinary, I guess.

 

[CourtClerk]

Once a year, they're going to deduct $25 from one of your payments to cover the administrative fee they are allowed to charge to the obligee (that's you).

As for how they come up with that number? It depends on the information that was given to them when they were processing a wage assignment. It could be that they are taking money from both employers, one employer hasn't started sending money yet, so you're short. OR, they've done some wacky math where it all evens out in a 12 month period (which is how it should be, anyway). If he's paid every 2 weeks, that's 26 payments a year, but he's only actually supposed to make 24. There will be an adjustment somewhere....

but in order to know exactly how they came up with whatever amount they did, you'd have to see the wage assignment, and they're not going to show it to you. You also have to account for whatever interest had accrued (if any) while he was behind when they started collecting the order.

 

[single317dad]

Keep track of exactly what he's supposed to pay. Also keep track of exactly what he does pay. If he overpays in the end, don't spend that money. Give it back to him. If he underpays in the end, demand full payment.

 

[nocontact]

Once a year, they're going to deduct $25 from one of your payments to cover the administrative fee they are allowed to charge to the obligee (that's you).

As for how they come up with that number? It depends on the information that was given to them when they were processing a wage assignment. It could be that they are taking money from both employers, one employer hasn't started sending money yet, so you're short. OR, they've done some wacky math where it all evens out in a 12 month period (which is how it should be, anyway). If he's paid every 2 weeks, that's 26 payments a year, but he's only actually supposed to make 24. There will be an adjustment somewhere....

but in order to know exactly how they came up with whatever amount they did, you'd have to see the wage assignment, and they're not going to show it to you. You also have to account for whatever interest had accrued (if any) while he was behind when they started collecting the order.

Thank you. Yes, I know about the annual service fee. They did that a couple of months ago already.

Thank you for the detailed explanation.

 

[nocontact]

Keep track of exactly what he's supposed to pay. Also keep track of exactly what he does pay. If he overpays in the end, don't spend that money. Give it back to him. If he underpays in the end, demand full payment.

Thank you. Everything is going through the DCSS now. When the judge first referred me to the service, I was told that if he doesn't pay, they would start the procedures to go after him. They never mentioned anything about overpayment to me verbally, but in the paperwork, it says they could/would take it back out of the account eventually (and should the account be short of the funds, it would cause an overdraft, I assume). Do I need to physically call them to take the money back out, or do I leave the money in the account and let them do it on their own?

 

[LdiJ]

Keep track of exactly what he's supposed to pay. Also keep track of exactly what he does pay. If he overpays in the end, don't spend that money. Give it back to him. If he underpays in the end, demand full payment.

I disagree COMPLETELY with this advice if he is paying through the CSE. The last thing she should do is give any money back to him. If he is due a credit the CSE will handle it...and if she were to give money back to him herself, that would just result in a double dip for dad.

 

[single317dad]

I disagree COMPLETELY with this advice if he is paying through the CSE. The last thing she should do is give any money back to him. If he is due a credit the CSE will handle it...and if she were to give money back to him herself, that would just result in a double dip for dad.

She still shouldn't spend the money, and it would still be given back to him. The rest is just semantics.

 

[nocontact]

Thank you both for the input and the explanation. I don't plan on using any more than is meant to cover the agreed child support. I'll just leave it in the account and let DCSS take care of it. I was just looking for an explanation as to why the payments had changed, in scheduling and in amount, since there didn't seem to be any rhyme or reason to the new "schedule."

Merry Christmas, everyone!