Questions

[tofer11]

What is the name of your state? Idaho and Illinois
Divorce decree states $189 bi-weekly (does not mentioned being prorated), child services are taking out $204 bi-weekly (tell me that is pro-rated), can this be fixed or can they do that legally?
Are there laws or guidliness for back pay, meaning I have x amount of dollars that I owe and need to be paid in x amount of time and x amount everymonth to be paid for?

 

[TinkerBelleLuvr]

Is it child services or your employer who is incorrectly garnishing your wages?

 

[tofer11]

I'm not sure who is responsible for that? I'm sure emplyer gets paperwork from child services and our payroll cuts the check acordingley?

 

[TinkerBelleLuvr]

Does the child support order sent to the employer match your court order? You employer can provide you with a copy of what was sent if you do not have it.

 

[CJane]

Do you get paid every 2 weeks, or 2x/month?

If you get paid twice/month, they're withholding the proper amount.

Your annual onligation if the order is for 189 every 2 weeks, is $4914. If you divide that by 24 (getting paid 2x/month) instead of 26 (every other week), it's $204.71/pay period.

So... how do you get paid?

 

[tofer11]

Every 2 weeks.

 

[CJane]

Every 2 weeks.

And - i know this sounds... remedial... - are they withholding every 2 weeks? Is the order new or the garnisment new?

Are you in arrears?

 

[tofer11]

CJane I don't want to sound like a ass but have you read my original post...so far I have no answers just questions...
New garnishment, no other company have done this before in the past, and I am in arreas as well that lead to my other question.

 

[TinkerBelleLuvr]

That is WHY I asked for you to write, verbatim, the court ordered amount that is SUPPOSED to be garnished and then to see what the garnishment states. Without that NO ONE can help.

 

[CJane]

CJane I don't want to sound like a ass but have you read my original post...so far I have no answers just questions...
New garnishment, no other company have done this before in the past, and I am in arreas as well that lead to my other question.

This is what you said.

Are there laws or guidliness for back pay, meaning I have x amount of dollars that I owe and need to be paid in x amount of time and x amount everymonth to be paid for?

That does NOT say "I am currently in arrears by $12000 and it needs to be paid off by tomorrow, so is that perhaps what the overage is?"

If you want ANSWERS ask CLEAR QUESTIONS and provide DETAILS.

 

[CJane]

Oh, wait. Now I'm REALLY confused.

In another thread https://forum.freeadvice.com/showthread.php?t=383319 on 11/09/07, you said this

What is the name of your state? Idaho Divorce In Illinois
I am paying $409.50/month child support and another $100 for back support.

Now, the 409.50 makes sense because that x12/26 is the 189 you claim you're supposed to pay bi-weekly. But you're also supposed to be paying $100/month towards arrears, which should add $46.15 to EACH bi-weekly payment. So they're actually UNDER withholding.

 

[tofer11]

After all this I am getting more confused and still questions not answered.
First question: can child services take out more if divorce decree states otherwise
Second question: are there laws or guideliness of what back support should be paid, meaning is there minimum amount or maximum amount to take?
Please don't judge other people, I am just looking for answers or advise.
Thank you for your time.

 

[CJane]

After all this I am getting more confused and still questions not answered.
First question: can child services take out more if divorce decree states otherwise

Yes. Particularly if there is a subsequent order for a different amount.

The problem doesn't always lie with them though - it's possible your employer is screwing up. Happens all the time.

But you indicated in another thread that you're ORDERED to pay $100/month to arrears. That WILL be withheld.

Second question: are there laws or guideliness of what back support should be paid, meaning is there minimum amount or maximum amount to take?

There is a maximum that can be garnished - which is around 50-60% of gross pay. There is no maximum that can be ORDERED.

Please don't judge other people, I am just looking for answers or advise.

You're not giving your own background though. ANd that's important for 'good' advice.

 

[Silverplum]

You're not giving your own background though. ANd that's important for 'good' advice.

You are also starting a new thread on the same topic. This creates confusion, which is why it is discouraged. We're not going to research your previous posts (unless we feel like it and it's fun ). It's your job to put all your info into one post. It's also your job to take the info given and start working on your legal problem.

 

[TinkerBelleLuvr]

Withholding limits: For state orders, you may not withhold more than the lessor of:
1) The amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 1673(b)); or
2) the amounts allowed by the state of the employee's/obliger's principal place of employment. The federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: state, federal, local taxes, Social Security taxes, statutory pension contributions, and Medicare taxes. The Federal CCPA limit is 50% of the ADWE for child support and alimony, which is increased by
1)10% if the employee does not support a second family; and/or
2) 5% if arrears is greater than 12 weeks.