garnishments

[LMarie]

What is the name of your state? CO

Child Support Order is now in the process of being modified and the modification will be retroactive. NCP has alot of money withheld from his check (claims 0 exepmtions, 401k etc, most of the money is withheld in taxes) to make his net income seem lower. I know that child support is based off of gross income. What happens when the new garnisment is submitted and the employer cannot withhold enough to pay child support? Can he be foreced to change his withholdings or are taxes figured on the entire amount then full amount of child support withheld then taxes are taken?

LMarie

 

[VeronicaGia]

What is the name of your state? CO

Child Support Order is now in the process of being modified and the modification will be retroactive. NCP has alot of money withheld from his check (claims 0 exepmtions, 401k etc, most of the money is withheld in taxes) to make his net income seem lower. I know that child support is based off of gross income. What happens when the new garnisment is submitted and the employer cannot withhold enough to pay child support? Can he be foreced to change his withholdings or are taxes figured on the entire amount then full amount of child support withheld then taxes are taken?

LMarie

If a state uses gross income, then usually it is about 17% for one child of gross income. If a state uses net income, the usually it is about 25% net income for one child. If the garnishment is for more then he actually makes, the employer cannot, by federal law, exceed federal garnishment levels.

If child support is based on gross income, changing his withholding for tax purposes isn't going to make a difference. If he is required to put the money into his 401K, it is no different than federal taxes, state taxes, social security, etc.

 

[squash213]

If a state uses gross income, then usually it is about 17% for one child of gross income. If a state uses net income, the usually it is about 25% net income for one child. [\QUOTE]

I would like to know what states these are!? Currently the state of Maine has decreed my child support fopr one child to be 31% of my gross income without flinching! This is aside from DHS now taking 50% because I could not afford to pay 31% when it wasn't being garnished.

 

[LMarie]

Colorado use gross income of both parents to figure child support. The worksheet used is based on a Shared Income Model. So I know what child support will probably be. I know they can take up to 65% of his pay but the amount child support exceeds 65% of his net pay because he has so much taken out in taxes by claiming zero. 401k is not required. So will he just go into arrears or can he be forced to change his withholding tax to reflect the correct allowances? He has done this to look like he doesn't take home much money.

 

[squash213]

Colorado use gross income of both parents to figure child support. The worksheet used is based on a Shared Income Model. So I know what child support will probably be. I know they can take up to 65% of his pay but the amount child support exceeds 65% of his net pay because he has so much taken out in taxes by claiming zero. 401k is not required. So will he just go into arrears or can he be forced to change his withholding tax to reflect the correct allowances? He has done this to look like he doesn't take home much money.

So basically what you're saying is that you are going to be taking EVERYTHING he already takes home, and you want more!?

 

[LMarie]

It is his own fault that he takes home nothing because of what he has chosen to let be withheld. When a person makes over 55K a year and only nets a $1000 paycheck that is their own fault

 

[VeronicaGia]

Colorado use gross income of both parents to figure child support. The worksheet used is based on a Shared Income Model. So I know what child support will probably be. I know they can take up to 65% of his pay but the amount child support exceeds 65% of his net pay because he has so much taken out in taxes by claiming zero. 401k is not required. So will he just go into arrears or can he be forced to change his withholding tax to reflect the correct allowances? He has done this to look like he doesn't take home much money.

I claim zero and have a 401K and believe me, this would not leave me with $1k/month and I don't make as much as he does. There's no way he can put more into his 401k then is allowed by federal law. Is it possible he has something else garnished from his pay? Claiming zero would not make his take home pay pennies....

He could file for a modification of child support. The court cannot force him to change his deductions to the best of my knowledge. And the court will only take 65% of his NET pay if he is in arrears and he is not remarried. They will only take 55% of his net pay if he is married and he is in arrears. If he is not in arrears, the most federal law will allow garnished is 50%. That is federal law.

So are you saying that $1,000 a month isn't enough to cover his 1/2 of support? How much do you make and put into the pot to support the child?

 

[LMarie]

Two children in court ordered therapy on medication. I carry health insurance. I have copies of his pay stubs & checks. I'm sorry I figured wrong his net is $1200 a paycheck - I was looking at his check after CS was deducted. I voluntarily lowered CS to a 1/3 of the original amount in Dec '03 for 6 months because he was unemployed (he started working a week after the papers were signed by the Judge so he was only unemployed for 1.5 months) and CS was supposed to be reviewed at the end of June. I figured CS at my current income level (no childcare costs) he said no way since it wasn't full time so I agreed to impute full time income for myself but informed him that if I work fulltime I would need daycare - that drove up the CS. I am willing to do whichever he wants - but not both work fulltime any cover the costs of daycare myself. My current husband has been picking up the slack for the last 6 months (without complaint) of lowered CS.