Is this legal?

[faithnlve]

What is the name of your state (only U.S. law)? vt...Hi, I know how some of you feel about me, but, I really really need some help here. I have 204.00 withheld every other week for child support even though my child support per month is 350.00. My last paycheck netted 141.00. My employer sent the whole check to the OCS office. Then this week I had a letter from the payroll department that they were taking an additional 43.00 from my next check to cover the amount of the child support I was short from the previous check on top of the normal deduction. Can they do this and leave me short? ty

 

[pattytx]

Several problems.

Monthly CS of $350 would be a biweekly deduction of $161.54 (($350 * 12) / 26), not $204. Ask your payroll person how they are coming to that amount. Is there arrears included on the order? That could increase the current support amount.

CS deductions cannot exceed from between 50% to 65% of your disposable earnings (gross pay less taxes). The actual percentage (50, 55, 60, or 65) depends upon 1) whether you are supporting another family, and 2) whether you are 12 weeks or more in arrears. The employer cannot take "retroactive" deductions if you do not have enough disposable earnings to deduct the full biweekly amount. Again, go to your payroll department and ask for a copy of the order. The order will include the maximum percentage of your disposable earnings that may be deducted.

After you get the copy, if you want to come back, I can ask you some questions that will help you figure out the maximum that can be deducted from any single paycheck.

 

[justalayman]

What is the name of your state (only U.S. law)? vt...Hi, I know how some of you feel about me, but, I really really need some help here. I have 204.00 withheld every other week for child support even though my child support per month is 350.00. My last paycheck netted 141.00. My employer sent the whole check to the OCS office. Then this week I had a letter from the payroll department that they were taking an additional 43.00 from my next check to cover the amount of the child support I was short from the previous check on top of the normal deduction. Can they do this and leave me short? ty

$204 typically taken out

$141 taken last check

HR claims balance of $43 owed

$141 plus $43 = $184.

Sounds like they need a new calculator in HR.

just to be sure; is your CS order $350/ month or is it a weekly amount that you extrapolated into a monthly total?

 

[pattytx]

And the "balance" is irrelevant. If the full deduction (whatever it is) cannot be withheld on a single paycheck because of the percentage limit specified in the order limits the amount, retro deductions cannot be made; otherwise the percentage limits would be useless.

 

[justalayman]

I was simply pointing out the "accuracy" of the HR calculations. If they are this confused about a simple math problem, I would not be surprised they cannot read a courts order properly as well.

but with your post; are you saying that if for some reason the full court ordered amount cannot be deducted from a check, such as a short week or whatever, that the arrears could not be added to the next weeks check and withheld, presuming the total is withing the max limits for deductions.

 

[pattytx]

I was simply pointing out the "accuracy" of the HR calculations. If they are this confused about a simple math problem, I would not be surprised they cannot read a courts order properly as well.

but with your post; are you saying that if for some reason the full court ordered amount cannot be deducted from a check, such as a short week or whatever, that the arrears could not be added to the next weeks check and withheld, presuming the total is withing the max limits for deductions.

Agree with the math comment. Idiots.

And yes, that is correct. The limit is applied to each paycheck (it's a stand-alone calculation) and any shortage is just added to the arrears due, but it does not change the current order in any way.

 

[faithnlve]

I pulled my child support order. I am to pay 252.60 plus 50.00 on arrears each month until paid off. the wage withholding is every two weeks. My normal cs withheld by my employer and sent to cs is 174.50. My paycheck was less than usual one payday. It netted 141.00. They sent the whole check to cs. Then when I worked another two weeks "that" paycheck deducted the normal 174.50 BUT payroll also deducted another 43.00 claiming my cs was still short from my last paycheck and the 43.00 was to make up for it. How do I handle this? Can I get any money back? I am so short on everything now. thanks again Faith

 

[ecmst12]

I am kind of doubting you can get the money back at this point(since it was money that you actually did owe for CS), but someone needs to educate your HR person on how to properly calculate withholding and what to do when someone doesn't make enough. I'm not sure if the DOL is the appropriate body to complain to, but Patty probably knows

 

[pattytx]

The court would probably be better.

I don't get it. All the person needs to do is READ THE ORDER. Maybe this will help this idiot, um, person. Specifically the section about wage withholding.
http://dcf.vermont.gov/sites/dcf/files/pdf/ocs/OCS_Employer_Handbook.pdf

 

[faithnlve]

Actually my employer only gets a letter from the Office of child support telling them how much to withhold every two weeks. My employer did not get a copy of the order, only a letter from ocs ( ocs gets the court order) on amount of wage withholding. So how do I make sure my employer doesnt do this again do me? ty faith

 

[pattytx]

Actually my employer only gets a letter from the Office of child support telling them how much to withhold every two weeks. My employer did not get a copy of the order, only a letter from ocs ( ocs gets the court order) on amount of wage withholding. So how do I make sure my employer doesnt do this again do me? ty faith

I'm not buying that. There MUST be an order. Contact the court.

 

[ArmyRetCW3]

The federal DOL-Wage Hour Div is the agency that enforces "Restriction on Garnishment " under regulation part 870, see the link below.



29CFR870.870.10 - Maximum part of aggregate disposable earnings subject to garnishment under section 303(a).

 

[pattytx]

Child support withholding orders are not subject to the CCPA. The calculations are totally different. Read the Employer's Handbook I provided the link to earlier.