Advice/insight needed for appealing a child support ammendment!

[Urkit]

What is the name of your state (Wisconsin)?

Long story short, I had an amendment hearing last week. This hearing was to update my child support to start paying for my 2nd child I had with my now ex. I had already been paying for our first child.

As far as I have been told here in WI, they can only take up to 25% of your earnings, which was confirmed for the 3rd time BY the child support agency just now as I got off the phone with them. Unfortunately, doing some math (see below) they are taking more than 25%

I don't have the best job in the world, but it works for me...

30 - 35 hrs per week @ $8.50hr = $255 - $297.50 x 2(paid bi weekly) = $510 - $583
Now, they raised my support to $100 per week, so $200 per paycheck.
so that comes out to about 39%.

In the hearing, I brought this up to the judge but she didn't seem to care in the least bit that she was allowing more than 25% to be taken.

Don't get me wrong, I am not trying to be a deadbeat father, I feel that I should be paying child support. But, I also need to live as well. I was barely making it as it is, and this is going to surely start putting me in the negative.

I am appealing this, but how can I approach the courts about this? Any advice is greatly appreciated.


p.s. the hearing was on the 7th of this month, they said I have 10 days to appeal it from when I receive the paper work. My work received the paper work on monday to start taking this updated amount out and I still haven't received mine! According to the child support agency they said and I quote "We don't know when we will be sending this to you" how nice of them, eh?!

 

[truebluemd]

first of all who are they? 25% of earnings with regard to wage garnishment?

If you are referring to wage garnishment, they can take more. If you are referring to your child support obligation, google child support calculators for your state and do the math.

What about child support and alimony?
Specific restrictions apply to court orders for child support or alimony. The garnishment law allows up to 50 percent of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60 percent if the worker is not. An additional 5 percent may be garnished for support payments more than l2 weeks in arrears.

http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf

 

[Urkit]

I guess when I am referring to "they" I mean the state of WI Child Support Agency? This is all new to me, so I guess I am not to informed as you could say.

So I guess where I am confused here, according to your quote it says up to 50%. So what exactly is the 25% limit then?

I also ran one of those calculators as you suggested, it said my monthly payment should be right around $255. Definitely NOT $400 per month...

 

[Silverplum]

I guess when I am referring to "they" I mean the state of WI Child Support Agency? This is all new to me, so I guess I am not to informed as you could say.

So I guess where I am confused here, according to your quote it says up to 50%. So what exactly is the 25% limit then?

I also ran one of those calculators as you suggested, it said my monthly payment should be right around $255. Definitely NOT $400 per month...

You're probably in arrears. That would account for both anomalies (the calculator and the deduction of more than 25%.)

 

[truebluemd]

I guess when I am referring to "they" I mean the state of WI Child Support Agency? This is all new to me, so I guess I am not to informed as you could say.

So I guess where I am confused here, according to your quote it says up to 50%. So what exactly is the 25% limit then?

I dont know, I checked your states guidelines and no where did it say the max is 25%. CCPA is a federal law that all states are subject to. They can be stricter, but I doubt for child support, any are.

http://www.dshs.wa.gov/pdf/esa/dcs/wipercentage.pdf

I also ran one of those calculators as you suggested, it said my monthly payment should be right around $255. Definitely NOT $400 per month...

Do you have any arrears?

 

[special mom]

I guess when I am referring to "they" I mean the state of WI Child Support Agency? This is all new to me, so I guess I am not to informed as you could say.

So I guess where I am confused here, according to your quote it says up to 50%. So what exactly is the 25% limit then?

I also ran one of those calculators as you suggested, it said my monthly payment should be right around $255. Definitely NOT $400 per month...

The 25% means that WI works child support on an income percentage model. There is a standard percentage per child that they base the order on, however, that DOES NOT mean that they can only withhold 25%. If you are in arrears they can withold more, as truebluemd said, 50%.

If your actual order is more than 25% it could be you are underemployed and have been imputed an income.

 

[mommyof4]

Either way:

I don't have the best job in the world, but it works for me

...

It may have worked for you in the past, but not anymore.