What is the name of your state? Arkansas
My ex and I were divorceed in 08-04, since then he has remarried and has a child on the way with new wife.He agreed in our divorcee decree that he would pay $220. per week for child support for a period of 5 years fromt he date of our divorcee, after which support would be based on his income at that time. His new wife is his bosses neice, and does payroll for the company. I have a court ordered garnishment and this also goes thru our local child support enforcement office, they advised him they can not garnish more than 50% of his income, and since then I have recv conciderably less than the agreed upon amt. He was due for a guaranteed raise of $1.00 per hr based on his time with co. and his enrolment in school ( he is a plumbing apprientice) this raise is per school year and arranged for all company employes. Child support charts in AR are based on gross imcome ,including overtime. Since he has remarried he advised me he has arranged to remain at his current wage indeffinatly, and that his payroll checks will only be issued based on that current wage for a 40hr week. This decreases his bring home by half. I have been advised by other co employees that they have witnessed him being pd in cash for overtime etc. What are my options, and if I choose to go to court to enforce the original decree what proof should I try to get,regarding this issue??( I get about half of the decreed amt each week, which just increases the amt of his arrears,he doesnt understand this, or has chosen to ignor it, he thinks he has found away around the system ) I know this post is long but any info will be of intrest. Thanks !!!
My ex and I were divorceed in 08-04, since then he has remarried and has a child on the way with new wife.He agreed in our divorcee decree that he would pay $220. per week for child support for a period of 5 years fromt he date of our divorcee, after which support would be based on his income at that time. His new wife is his bosses neice, and does payroll for the company. I have a court ordered garnishment and this also goes thru our local child support enforcement office, they advised him they can not garnish more than 50% of his income, and since then I have recv conciderably less than the agreed upon amt. He was due for a guaranteed raise of $1.00 per hr based on his time with co. and his enrolment in school ( he is a plumbing apprientice) this raise is per school year and arranged for all company employes. Child support charts in AR are based on gross imcome ,including overtime. Since he has remarried he advised me he has arranged to remain at his current wage indeffinatly, and that his payroll checks will only be issued based on that current wage for a 40hr week. This decreases his bring home by half. I have been advised by other co employees that they have witnessed him being pd in cash for overtime etc. What are my options, and if I choose to go to court to enforce the original decree what proof should I try to get,regarding this issue??( I get about half of the decreed amt each week, which just increases the amt of his arrears,he doesnt understand this, or has chosen to ignor it, he thinks he has found away around the system ) I know this post is long but any info will be of intrest. Thanks !!!
As far as the company only garnishing up to 50% of his wages....giving you less than the ordered amount......this is legal. My ex's withholding orders has this written into them......although it has never come to this. This is very often part of a withholding order....as a "safeguard" to the employee that even after CS is deducted from his pay, he is still guaranteed at to take home at least 50% of his earnings.