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Childsupport garning my whole paycheck and don't know what to do? Please help!!

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ALBERT MARK

Junior Member
I reside in new jersey and been currently working for a security company making $10.00 an hour full-time. My son's mother took me to court for an increase which in the beginning i was paying $85.00 every week" for 2 years. I still have the same pay rate at my job and recently went to court again and now my paycheck has been garnished to $110.00 weekly" due to my son being registered to an activity program. My son's mom also stated that i sell cars under the books and showed proof to the judge of me posting on ads w/ my number n name of pics of cars i have sold at times through out the year so the increase went up and now i have to pay $700 monthly....

I'm a 27 year old guy that lives alone and have my own bills to pay like rent, car insurance, gas, food, cell phone and so on... Yes, i had sold cars for my brother (once in a blue) which he has asked me to post online and also speak for him cause he didn't know how to post on craigslist or other sites nor have time to do so. My brother would buy a car have it for a year or so then sell it when he was tired of it. The judge did not want to hear what i had to say cause she insisted that i was getting commission and not saying anything due to the papers (ads) she had as proof. And me just having word of mouth as proof. I don't know what to do now cause i'm only going to have $80.00 left on my paycheck for the month.What is the name of your state (only U.S. law)?
 


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Proserpina

Senior Member
ALBERT MARK said:
I reside in new jersey and been currently working for a security company making $10.00 an hour full-time. My son's mother took me to court for an increase which in the beginning i was paying $85.00 every week" for 2 years. I still have the same pay rate at my job and recently went to court again and now my paycheck has been garnished to $110.00 weekly" due to my son being registered to an activity program. My son's mom also stated that i sell cars under the books and showed proof to the judge of me posting on ads w/ my number n name of pics of cars i have sold at times through out the year so the increase went up and now i have to pay $700 monthly....

I'm a 27 year old guy that lives alone and have my own bills to pay like rent, car insurance, gas, food, cell phone and so on... Yes, i had sold cars for my brother (once in a blue) which he has asked me to post online and also speak for him cause he didn't know how to post on craigslist or other sites nor have time to do so. My brother would buy a car have it for a year or so then sell it when he was tired of it. The judge did not want to hear what i had to say cause she insisted that i was getting commission and not saying anything due to the papers (ads) she had as proof. And me just having word of mouth as proof. I don't know what to do now cause i'm only going to have $80.00 left on my paycheck for the month.What is the name of your state (only U.S. law)?
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I'm not actually seeing a legal question in there, Dad.

You need to stop acting on behalf of your brother, though - that seems to have sunk you.
 
M

mistoffolees

Senior Member
ALBERT MARK said:
I reside in new jersey and been currently working for a security company making $10.00 an hour full-time. My son's mother took me to court for an increase which in the beginning i was paying $85.00 every week" for 2 years. I still have the same pay rate at my job and recently went to court again and now my paycheck has been garnished to $110.00 weekly" due to my son being registered to an activity program. My son's mom also stated that i sell cars under the books and showed proof to the judge of me posting on ads w/ my number n name of pics of cars i have sold at times through out the year so the increase went up and now i have to pay $700 monthly....

I'm a 27 year old guy that lives alone and have my own bills to pay like rent, car insurance, gas, food, cell phone and so on... Yes, i had sold cars for my brother (once in a blue) which he has asked me to post online and also speak for him cause he didn't know how to post on craigslist or other sites nor have time to do so. My brother would buy a car have it for a year or so then sell it when he was tired of it. The judge did not want to hear what i had to say cause she insisted that i was getting commission and not saying anything due to the papers (ads) she had as proof. And me just having word of mouth as proof. I don't know what to do now cause i'm only going to have $80.00 left on my paycheck for the month.What is the name of your state (only U.S. law)?
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There are two separate issues.

1. If there is proof that you have hidden income, the court can consider that income in setting child support. So there's nothing illegal about setting child support based at least partly on your under the table income. If their numbers are wrong, you had the opportunity to straighten them out. (Although if you did not tell the court about this income at all and then Mom brought evidence of all that extra income, the court might not believe that you are very credible).

2. Once CS is set, a withholding order can be put into place. HOWEVER, they can not take your whole paycheck. There is a federal law (under consumer protection laws, IIRC) that limits how much they can take. Depending on circumstances, I think it's something like 50-60% of your disposable income. If your employer is withholding your entire check, you need to ask them why - and do the research on maximum legal withholding amounts.

Of course, if you're ordered to pay a larger amount of child support than they can legally garnish from your income, the difference will accumulate as arrears - and you will eventually have to find a way to pay it.
 
S

sandyclaus

Senior Member
ALBERT MARK said:
I reside in new jersey and been currently working for a security company making $10.00 an hour full-time. My son's mother took me to court for an increase which in the beginning i was paying $85.00 every week" for 2 years. I still have the same pay rate at my job and recently went to court again and now my paycheck has been garnished to $110.00 weekly" due to my son being registered to an activity program. My son's mom also stated that i sell cars under the books and showed proof to the judge of me posting on ads w/ my number n name of pics of cars i have sold at times through out the year so the increase went up and now i have to pay $700 monthly....

I'm a 27 year old guy that lives alone and have my own bills to pay like rent, car insurance, gas, food, cell phone and so on... Yes, i had sold cars for my brother (once in a blue) which he has asked me to post online and also speak for him cause he didn't know how to post on craigslist or other sites nor have time to do so. My brother would buy a car have it for a year or so then sell it when he was tired of it. The judge did not want to hear what i had to say cause she insisted that i was getting commission and not saying anything due to the papers (ads) she had as proof. And me just having word of mouth as proof. I don't know what to do now cause i'm only going to have $80.00 left on my paycheck for the month.What is the name of your state (only U.S. law)?
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Obviously the car sales weren't "once in a blue" - they had to be frequent enough to be considered additional regular income for you or else the court would not have considered them as such.

Perhaps you can ask your brother if he has any other cars for you to sell for him. Or maybe get a 2nd job working for a used car dealer, since you seem to have some demonstrated ability to do that.
 
CJane

CJane

Senior Member
You make $10/hour, full time.
Even with no overtime, that's approximately $1700/month before taxes - and at $20K/year, your're not paying much in taxes.

$700/month goes to CS.

How is that your 'whole paycheck'?
 
M

muchneededhelp

Member
CJane said:
You make $10/hour, full time.
Even with no overtime, that's approximately $1700/month before taxes - and at $20K/year, your're not paying much in taxes.

$700/month goes to CS.

How is that your 'whole paycheck'?
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I think he's trying to say that after paying his monthly bills, this is all that he's left with.

I'm a 27 year old guy that lives alone and have my own bills to pay like rent, car insurance, gas, food, cell phone and so on...
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Welcome to parenthood, pal.
 
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