martin5475 said:
What is the name of your state? Ohio I just spoke with a person in the labor department of the govt. and she told me that she can not help me with my child support questions....SO to repost and reiterate, here goes...maybe someone can tell me where else to go to find answers....My soon to be ex-husband is self employed. He also has a part time job delivering papers....Only one third of his income is from the part time job. I know that he can only be garnished up to 60 percent on that job- BUT since he is self-employed, can he also be considered an employer and employee all in one? Can I have him garnish his own wages????? I don't understand why all the child support can't be taken from his part-time job. It won't be 60 percent of ALL his wages- just 60 percent of that particular job. Please advise....He is already behind for February and has not paid anything yet for March. I don't mind researching and fighting for my kids' support, but I need to know where to look for answers...Thanks...
You have posted your question before and have been given answers. To reiterate....No, you cannot have the man garnish his own wages. Like most self-employed people, what one earns one month can be very different from the next month....offset by money going out to support the business (overhead & expenses etc). The only thing you can do is supeneoa his last few years' tax returns. This will give you (and the CS agency) a better idea of what he's actually earning from his self-employment....averaged out over the last 2-3 years.
All "the child support" cannot be garnished from his part-time job for 2 reasons. 1) Until his tax returns can be reviewed, no one can determine the proper dollar amount he should pay from this 2nd form of employment. What? are they just supposed to pull this figure out of a hat?
2) The law is that no more than 50% of a NCP's wages can be garnished for child support. Possibly more if in arrears, but then only according to court order.
You are working thru a state cs collection agency. If they tell you as long as he pays something, they won't do anything else except put the rest towards arrears, then you either have to accept this as the way they work or take it upon yourself to be "tougher" about it. You can hire an attorney to straigthen it out, or you can "fight" with the AG office to do things different. If you go the AG route, you need to be persistent, but very professional and cordial at all times. Make a friend at the office to fight on your behalf. If you're mean or beligerent towards them, they will put out an "all post bulletin" on you as this way and no one will bother doing anything extra for you.