Does Employer Owe Me?

[number4legend]

What is the name of your state?Wisconsin. First of all I pay child support in the state of Wisconsin and when you start a job here, Child Support sends paperwork to the person owing child support and the company you work for. On these papers there is a check box that states that I would have to put my child on my insurance when I qualify for it. There is an "X" in the box on my paperwork. The problem is that just adding my child to my insurance increases my payment every pay period about $170.00. My case worker informed me that there is a federal law (or something to that effect) that states that if the deduction for my insurance is above 5% of my gross income (it's about 10%) that it is not considered a benefit and I do not have to pay for this.
My employer took it upon themselves to put my child on my insurance, which I understand, without investigating whether it would put me below the poverty line or the limitations on with-holdings which I stated above. They have already taken this extra amount out of my check once and I am wondering if they owe me the difference because of their failure to investigate this issue?

Just so I don't look like a jerk, my child is insured under their mother and their mother has better insurance than I do anyway.

 

[pattytx]

Here is the definitive resource on Medical Child Support Orders straight from the horse's mouth. I could not find in this information (nor any of my other resources) any reference to the 5% of gross you mentioned in your post. Do you have some documentation to back up what your case worker told you? So far, I do not see that your employer did anything incorrectly.

In any case, if the child is better covered under the mother's insurance than yours, and you may be able to go back to court to get this order rescinded. However, they might increase your child support to cover the additional deductions required by your ex's employer for the additional coverage.