Amount left from support

[Jordanl]

What is the name of your state?michigan

 

[Jordanl]

After all support figured including back support my son who has shared custody of two sons and joint custody of one daughter has three mothers he pays for four children for support after court for back support with mediator is being left with approximately 45 a week to live on rent bills food and diapers for the kids when he has them gas for work how can the court reasonably expect that to be possible not humanly fair to the children or father trying to help raise them just don’t get it

 

[PayrollHRGuy]

There is federal law and likely state law limiting the amount that can be withheld from a check for child support. For a person that has a family not on child support it is 50% & 55% if there are arrears. If there isn't a non-CS family it is 60% & 65%.

 

[stealth2]

Your son may need to pick up another job. What did he expect to happen when he made kids?

 

[Jordanl]

He works very long hours tries for overtime he is a single dad with partial custody of his children can’t get a second job or wouldn’t be able to have his children don’t be so quick to judge unless you are in that persons shoes you have no idea the situation frustrating that people have such prejudice in such situations and have no compassion or understanding it is what’s wrong with this world sad

There is federal law and likely state law limiting the amount that can be withheld from a check for child support. For a person that has a family not on child support it is 50% & 55% if there are arrears. If there isn't a non-CS family it is 60% & 65%.

There is federal law and likely state law limiting the amount that can be withheld from a check for child support. For a person that has a family not on child support it is 50% & 55% if there are arrears. If there isn't a non-CS family it is 60% & 65%.

Problem is no one will take on such a case against friend of the court no lawyer will touch it if he could afford one to begin with can’t obviously since the court has taken all his money where can people get help against an unfair system they make sure you can’t fight them even though they are breaking the law by taking more than the law allows he is struggling so hard good kid hard worker great dad but the court is squashing all hope and chances for him and his children to be together isn’t that what family court should be striving for the kids isn’t that what this is about losing their dad because of money hardly fair for the children both parents needed to raise them court not letting that happen by shorting one parent to support the other so only one benefits how is that going to help the children who spend time with both parents something is so very wrong here I am at a loss and just very sad about how hard it is to get help

 

[LdiJ]

He works very long hours tries for overtime he is a single dad with partial custody of his children can’t get a second job or wouldn’t be able to have his children don’t be so quick to judge unless you are in that persons shoes you have no idea the situation frustrating that people have such prejudice in such situations and have no compassion or understanding it is what’s wrong with this world sad


Problem is no one will take on such a case against friend of the court no lawyer will touch it if he could afford one to begin with can’t obviously since the court has taken all his money where can people get help against an unfair system they make sure you can’t fight them even though they are breaking the law by taking more than the law allows he is struggling so hard good kid hard worker great dad but the court is squashing all hope and chances for him and his children to be together isn’t that what family court should be striving for the kids isn’t that what this is about losing their dad because of money hardly fair for the children both parents needed to raise them court not letting that happen by shorting one parent to support the other so only one benefits how is that going to help the children who spend time with both parents something is so very wrong here I am at a loss and just very sad about how hard it is to get help

Ok, if they are taking more than the allowed amounts you are blaming the wrong system.

When someone has multiple children from multiple different mothers its possible that the total child support orders would be more than the allowed amounts. However, its the responsibility of his employer to make sure that no more than the legal limits are actually withheld from his pay. The child support agencies have no idea how much he makes or whether there are prior garnishments, so its up to the employer.

 

[PayrollHRGuy]

Problem is no one will take on such a case against friend of the court no lawyer will touch it if he could afford one to begin with can’t obviously since the court has taken all his money where can people get help against an unfair system they make sure you can’t fight them even though they are breaking the law by taking more than the law allows he is struggling so hard good kid hard worker great dad but the court is squashing all hope and chances for him and his children to be together isn’t that what family court should be striving for the kids isn’t that what this is about losing their dad because of money hardly fair for the children both parents needed to raise them court not letting that happen by shorting one parent to support the other so only one benefits how is that going to help the children who spend time with both parents something is so very wrong here I am at a loss and just very sad about how hard it is to get help

You don't have to have a lawyer to deal with this if the employer is in violation of the maximum withholding laws. Contact the
Michigan Office of Child Support first. If that doesn't do it post back.

 

[LdiJ]

You don't have to have a lawyer to deal with this if the employer is in violation of the maximum withholding laws. Contact the
Michigan Office of Child Support first. If that doesn't do it post back.

Actually no, the first step would be to talk to HR or the employer. This is not an uncommon error for an employer to make, particularly smaller employers.

 

[justalayman]

Op needs to have a court order consolditating the orders and apportioning the amount withheld to the various separate orders.

Employer is only doing what the courts have ordered him to do. Don’t blame the employer. Employer does not have standing to dispute the orders.

 

[Zigner]

Employer is only doing what the courts have ordered him to do. Don’t blame the employer. Employer does not have standing to dispute the orders.

I disagree about not blaming the employer. When the employer receives the wage withholding orders, there are instructions that explain the maximum withholding amounts and priority of the orders as well as what to do if there is not enough left to withhold for all of the orders. In essence, the employer is just taking out all of the money instead of reading and following the directions.

 

[PayrollHRGuy]

Actually no, the first step would be to talk to HR or the employer. This is not an uncommon error for an employer to make, particularly smaller employers.

Agreed, for some reason I assumed the OP had already talked to the employer. I think now that I was wrong.

 

[justalayman]

While you chastised a poster for suggesting your son do something to increase his income, I think the bigger problem is this;

has three mothers he pays for four children

It’s difficult to have sympathy for a a guy that has either decided to have so many children with so many different women or has such little responsibility that he has so often failed to use available means of contraception.

If he chose to have these children, he has no right to complain about how much it costs to raise his children. If it was simple irresponsibility, well, I sure hope he has learned how to be responsible since having more children will get even more expensive.

 

[PayrollHRGuy]

If he chose to have these children, he has no right to complain about how much it costs to raise his children. If it was simple irresponsibility, well, I sure hope he has learned how to be responsible since having more children will get even more expensive.

He has a right to complain about the employer violating both state and federal law as far as the deduction from his income.

 

[justalayman]

I disagree about not blaming the employer. When the employer receives the wage withholding orders, there are instructions that explain the maximum withholding amounts and priority of the orders as well as what to do if there is not enough left to withhold for all of the orders. In essence, the employer is just taking out all of the money instead of reading and following the directions.

I’ll accept that explanation as I cannot counter it. Never been in this employers position I can’t dispute the accuracy of your statement.

 

[LdiJ]

I’ll accept that explanation as I cannot counter it. Never been in this employers position I can’t dispute the accuracy of your statement.

I can validate the accuracy of his statement because I have been an employer with just that kind of situation.