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DOL says: Dont' know........

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martin5475

Junior Member
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... :confused:
 


the_destiny

Junior Member
He can not be garnished from the self-employed job, However they will make him pay child support on some of the money he makes. Go to ohiogov.com there should be a child support tab to click on and you should find any answers there. I live in Indiana I go to indygov.com and they have everything.
 

VeronicaGia

Senior Member
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... :confused:
So have his taxes from 2004 and 2003 subpoened after April 15 of this year. That is the only way to find out his true net income.
 

martin5475

Junior Member
DOL says don't know......

No one has subpoened his tax returns. I have copies of them here, but the county child supprt enforcement agency doesn't know what to do either because he has two jobs and my caseworker has never had that happen before. The DOL says that I can have his self-employed wages attached and that he is considered an employer, even though he is also the sole employee. The child support agency keeps saying that only 60 percent of his second job can be attached. I keep asking WHY, when that is NOT all his income? No one seems to know where I can go to find out the answer to this question......PLEASE HELP!!!!
 

VeronicaGia

Senior Member
martin5475 said:
No one has subpoened his tax returns. I have copies of them here, but the county child supprt enforcement agency doesn't know what to do either because he has two jobs and my caseworker has never had that happen before. The DOL says that I can have his self-employed wages attached and that he is considered an employer, even though he is also the sole employee. The child support agency keeps saying that only 60 percent of his second job can be attached. I keep asking WHY, when that is NOT all his income? No one seems to know where I can go to find out the answer to this question......PLEASE HELP!!!!
Does 60% of his income from his second job cover the court order?
 

martin5475

Junior Member
DOL says don't know......

It would take 80 percent of his second job's paycheck to cover the court order....The child support agency said that as long as "any kind of payment is made at all each month" they do NOT actively pursue total payment. They just keep adding arrears charges. So what was the point to get them involved anyway? I sure hope they didn't tell my ex that information! :(
 

Phnx02

Member
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... :confused:
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? :confused: 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.
 

martin5475

Junior Member
DOL-says don't know

The local DOL representative I spoke with today said YES, HE CAN BE CONSIDERED AN EMPLOYER AND AN EMPLOYEE. That is why I was asking for another opinion- that didn't seem right to me. My husband's office was out of our home- no biggie expenses there- just a computer and phone line. AND I know exactly how much he made the past 14 years----so the figure was not pulled out of a hat- the problem remains in that the percentage of child support remains the same- the dollar amount may differ. I am getting differing opinions on whether or not the 60 percent of the part time job is correct under the law as it now stands. It seems that there is an interpretive process here...... :(
 

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