• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Leap year and child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jen0529

Junior Member
What is the name of your state?What is the name of your state?CO
I was told at the begining of 2004 by my ex's employer that they were not going to start the deduction from my ex's check for child support when they were suppost to because it was leap year. I know usually that there are 26 paychecks in a year (for bi-weekly paid employees) and were his payday falls there were 27 paychecks. My questions are 1st was that correct for the employer to decide not to start the deductions right away, and 2nd will one payment be deducted every lear year to follow?
Another thing I would like to ask is, Our permanent orders were signed in the middle of December 2003 and I did not receive any child support in December. Does that count as being behind in child support? And if so how do I go about receiving that?
 


gatorguy3

Member
I cannot believe someone would be so anal about such a thing...26 checks a year vs 27? are you serious?

Anyway, to answer your question, they place of business has to follow the order from the court. If they do not follow the order from the court then they are in contempt.
 
Damm this sound like a case of someone want Azz on the plate regardless of how petty it is. Do you honestly think a Judge, or anyone else wants to hear about a one day difference, is there not more to worry about.

Also, I do not know why I am telling you this because it appears you are using information to cause harm rather then encourage a stable place for the kids, f' it I will not tell you. Ma'am find happiness, luv, sports, women, men, friends, dont let one day get your (%#)%* all in a ????
 

jen0529

Junior Member
I wish I had the time to explain my whole situation, and I would like to say is that I really am looking out for the best interest of my child!! I am not worried about the paycheck I was really just looking to know if this would happen in the future because as a single mother who does depend on child support I would just like some notice for the future. And to answer you about being happy, I am very happy. I have the best child in the world, and I have moved on with my life. But having to deal with my ex is not so happy. He is still living in the past and having to take my child to a police station twice a week so he can see his father in my eyes is not the greatest situation for my child. A judge has found him in contemp of court for drugs and I also have a restraining order because he threatened to kill me and kid nap my child. So I would like to apologize for maybe leaving out a few details, and you may not agree with me, but I was just asking a question.
 

BelizeBreeze

Senior Member
jen0529 said:
I wish I had the time to explain my whole situation, and I would like to say is that I really am looking out for the best interest of my child!! I am not worried about the paycheck I was really just looking to know if this would happen in the future because as a single mother who does depend on child support I would just like some notice for the future. And to answer you about being happy, I am very happy. I have the best child in the world, and I have moved on with my life. But having to deal with my ex is not so happy. He is still living in the past and having to take my child to a police station twice a week so he can see his father in my eyes is not the greatest situation for my child. A judge has found him in contemp of court for drugs and I also have a restraining order because he threatened to kill me and kid nap my child. So I would like to apologize for maybe leaving out a few details, and you may not agree with me, but I was just asking a question.
And none of this matters in regards to your question. The fact is, the order for child support is required to be followed, by the employer if garnishment is ordered by the court, and by your ex.

The fact that a leap year occurs has absolutely no bearing on the validity of the order. And, of course, since the order is for X amount of dollars per month, if garnished, the employer can choose to garnish one or more checks as long as there is no specific language in the order requiring each check be garnished or your ex's employer pays on a different schedule.

Therefore, NO ONE can answer your question completely since we don't know what the order stipulates or if there is a garnishment order in place.
 

TLWE

Member
jen0529 said:
I wish I had the time to explain my whole situation, and I would like to say is that I really am looking out for the best interest of my child!! I am not worried about the paycheck I was really just looking to know if this would happen in the future because as a single mother who does depend on child support I would just like some notice for the future.
***If you are so dependent on CS, that you have to worry over ONE day of CS every FOUR years...you don't need custody of your kid. If one week or one month is going to mess you up financially...you need debt counseling and QUICK!

jen0529 said:
And to answer you about being happy, I am very happy. I have the best child in the world, and I have moved on with my life. But having to deal with my ex is not so happy. He is still living in the past and having to take my child to a police station twice a week so he can see his father in my eyes is not the greatest situation for my child. A judge has found him in contemp of court for drugs and I also have a restraining order because he threatened to kill me and kid nap my child. So I would like to apologize for maybe leaving out a few details, and you may not agree with me, but I was just asking a question.

***Your ex being on drugs, in contempt of court, having a restraining order has NOTHING to do with his CS obligation.

:rolleyes: Just when you think you have heard it all; another one crawls out from under their rock. Geez, get a grip woman!
 

Gracie3787

Senior Member
jen0529 said:
What is the name of your state?What is the name of your state?CO
I was told at the begining of 2004 by my ex's employer that they were not going to start the deduction from my ex's check for child support when they were suppost to because it was leap year. I know usually that there are 26 paychecks in a year (for bi-weekly paid employees) and were his payday falls there were 27 paychecks. My questions are 1st was that correct for the employer to decide not to start the deductions right away, and 2nd will one payment be deducted every lear year to follow?
Another thing I would like to ask is, Our permanent orders were signed in the middle of December 2003 and I did not receive any child support in December. Does that count as being behind in child support? And if so how do I go about receiving that?

I too think that you are being petty, but I believe an explaination would help you understand better.
As an example- NCP is ordered to pay $756.32 per month by IDO. NCP's employer pays NCP every two weeks, or 26 times per year, so employer takes $756.32 X 12 months = $9,075.84, then divides that by 26 ($349.07) in order to determine the correct amount to take out of each paycheck. During that one year you would recieve the full ordered yearly amount of $9,075.84.

You are not getting shorted at all by the IDO. Until an IDO takes effect, the NCP is supposed to pay directly to disbursement unit or you.
I hope this helps, and I hope that you stop worrying about the little things, (it makes you grow old too fast :) ).
 

stepmom65

Member
Leap Year

Hopefully, in the future, you will make better choices in the men you bring into your life. I was a single parent for 16 years, received no support, educated myself and sent my son to college. Financial independance from Ex'es can be done, if you want it bad enough.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top