How is CS Support Disbursed?

[nythng4mygrl]

What is the name of your state (only U.S. law)? LA

I have a question about the priority order of Child Support. I have a Court Order dated 2002 to receive child support in the amount of $500.00. The non-custodial parent just divorced over a year ago and has been ordered to pay $650 a month to his ex-wife for their child. Both the ex-wife and I have gone through the state to have wages garnished from him. Her court date was in June 2013 and mine was 2 weeks ago. The non-custodial parent has stated to us that he only makes $8.00 an hour, leaving him with nothing to pay his bills. I told him that the state will garnish 50% of his disposable wages for both orders together, not 50% disposable per order and that he will go home with at least half of his disposable earnings. My question is that if he does not have enough to pay child support from each check, the ex-wife says she will get paid first because her court date was June this year, but she never obtained a court ordered child support order until April of 2012. So does this mean that she will receive full amount of $650 each month and I will get nothing? He only goes home with $300 bucks every other week, leaving $300 to go to child support. I was told that I would be priority 1 because my court order is dated 2002, and her's is 2013. I don't know anything about priorities, and a little confused. Thanks.

 

[CSO286]

What is the name of your state (only U.S. law)? LA

I have a question about the priority order of Child Support. I have a Court Order dated 2002 to receive child support in the amount of $500.00. The non-custodial parent just divorced over a year ago and has been ordered to pay $650 a month to his ex-wife for their child. Both the ex-wife and I have gone through the state to have wages garnished from him. Her court date was in June 2013 and mine was 2 weeks ago. The non-custodial parent has stated to us that he only makes $8.00 an hour, leaving him with nothing to pay his bills. I told him that the state will garnish 50% of his disposable wages for both orders together, not 50% disposable per order and that he will go home with at least half of his disposable earnings. My question is that if he does not have enough to pay child support from each check, the ex-wife says she will get paid first because her court date was June this year, but she never obtained a court ordered child support order until April of 2012. So does this mean that she will receive full amount of $650 each month and I will get nothing? He only goes home with $300 bucks every other week, leaving $300 to go to child support. I was told that I would be priority 1 because my court order is dated 2002, and her's is 2013. I don't know anything about priorities, and a little confused. Thanks.

Child support is prorated between the two cases.

An example:
Case 1: order for $650 per month (65% of total owed)
Case 2: order for $350 per month(35% of total owed)

Total NCP owes: $1000

Now, let's say NCP pays $750 in one month:
Case 1 would get 65% of that: $487.50
Case 2 would get 35% of that: $262.50

Does that make sense?

 

[nythng4mygrl]

Thank you, and it does make sense. Does that mean that I am 2nd priority because I went through the state recently or would I be first priority because my court order is from 2002 and he has been paying for last 12 years almost? I'm trying to see how the state looks at the cases when they disburse. As long as I'm getting something, I'm happy, but I just want to clarify. Also, does this put him in arrears having the funds disbursed at 65/35? Thanks again

 

[Zigner]

Thank you, and it does make sense. Does that mean that I am 2nd priority because I went through the state recently or would I be first priority because my court order is from 2002 and he has been paying for last 12 years almost? I'm trying to see how the state looks at the cases when they disburse. As long as I'm getting something, I'm happy, but I just want to clarify. Also, does this put him in arrears having the funds disbursed at 65/35? Thanks again

Maybe it doesn't make sense. As described above, there is no "priority" - it is distributed in proportion to the total amount ordered.

 

[nythng4mygrl]

So whoever is ordered to receive more gets the 65%? Or was that just an example? I'm sorry. I'm just trying to figure out how the state disburses to both of us. Is the original order from 2002 that did not have garnishment through state first, or is the state order from this year in where the garnishment is attached first? Sorry if I sound confusing or if I am confused. I think I just confused myself again. LOL

 

[CSO286]

Thank you, and it does make sense. Does that mean that I am 2nd priority because I went through the state recently or would I be first priority because my court order is from 2002 and he has been paying for last 12 years almost? I'm trying to see how the state looks at the cases when they disburse. As long as I'm getting something, I'm happy, but I just want to clarify. Also, does this put him in arrears having the funds disbursed at 65/35? Thanks again

It is NOT split 65/35. It is split based on the total amount the NCP is ordered to pay over all his cases. To use your numbers:
Case #1: $500 per month
Case #2: $650 per month

Total support ordered: $1150 per month
Case #1 ordered amount is 43% of $1150
Case #2 ordered amount is 57% of $1150

What this means is that each time the NCP makes a payment, case number one will get 43%, and case number #2 will get 57%.

There is no priority. Each case will always (except in VERY VERY rare circumstances) receive a portion of any payment made by the NCP.

 

[CSO286]

So whoever is ordered to receive more gets the 65%? Or was that just an example? I'm sorry. I'm just trying to figure out how the state disburses to both of us. Is the original order from 2002 that did not have garnishment through state first, or is the state order from this year in where the garnishment is attached first? Sorry if I sound confusing or if I am confused. I think I just confused myself again. LOL

Reread my first post. It explains that it was an example. My second response uses the numbers you provided.

 

[nythng4mygrl]

Thank you. I'm just trying to figure out if I am case 1 or case 2 or how it is decided. Is it decided by Child Support Enforcement court, or the court order that I have been issued since 2002? I understand the proportion part though. Thanks so much.

 

[CSO286]

Thank you. I'm just trying to figure out if I am case 1 or case 2 or how it is decided. Is it decided by Child Support Enforcement court, or the court order that I have been issued since 2002? I understand the proportion part though. Thanks so much.

It doesn't matter who is case one or two (or case three, five or nine). All that matters is how much is ordered to be paid on each case and what those amounts add up to.

NO ONE gets paid first or second. Each case gets a cut of each payment made.

In your example--using YOUR numbers--if the NCP made a payment tomorrow of $495, the case with the $500/mth order would receive $212.85 (43% of the payment made). The case with the $650/mth order would recieve $282.15 (57% of the payment made).

 

[Zigner]

Thank you. I'm just trying to figure out if I am case 1 or case 2 or how it is decided. Is it decided by Child Support Enforcement court, or the court order that I have been issued since 2002? I understand the proportion part though. Thanks so much.

It doesn't matter what order you figure it in.

Try this:


You: $500 per month
Other Mother: $650 per month

Total support ordered: $1150 per month
You: ordered amount is 43% of $1150
Other Mother: ordered amount is 57% of $1150

Total support ordered: $1150 per month
Case #1 ordered amount is 43% of $1150
Case #2 ordered amount is 57% of $1150

 

[nythng4mygrl]

Thank you ladies. I get it now. I'm going to open a bottle of red wine... thanks again.

 

[Zigner]

Thank you ladies.

Ahem......

 

[TheGeekess]

Thank you ladies....

Ahem......

You were made an honorary Laydee a long time ago.

 

[Zigner]

You were made an honorary Laydee a long time ago.

Thank you...I'm honored. I feel like I want to cry from happiness...I hope I don't...my mascara would run.

 

[CSO286]

Thank you...I'm honored. I feel like I want to cry from happiness...I hope I don't...my mascara would run.

I'm hearing the *Miss America* song in my head.

Put on your best gown, and smile, Zig.....wave to the audience.

elbow, elbow, wrist, wrist.....


rinse and repeat