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faithnlve

Member
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
 


Proserpina

Senior Member
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
I haven't read all of your prior posts, so one question...

how far in arrears are you?
 

TinkerBelleLuvr

Senior Member
The most they can take is 55% of your net check since you have a second family.

The deductions allowable are those mandated by law: social security, medicare and federal withholding. Are there any union dues? Mandatory pension deductions?
 

TinkerBelleLuvr

Senior Member
In the event you have voluntary deductions happening like medical insurance or 401K, those do not factor into the deductions that are considered in the 55% child support deduction.
 

Proserpina

Senior Member
Even with the second family can that become 60% with arrears?

And it's 50% of disposable income, and not necessarily gross/net amounts, yes?

Thanks TBL!
 

faithnlve

Member
first of all I am only paying cs on my handicapped son. Cs is now going back and forth between dad and me/ during school year to him, during summer my ex pays me. I do have two boys from my present marriage. Paying child support is not the issue...its what can the employer take out by law? and, since my last check was only 141.00 how can they of taken the whole paycheck for cs even if less than what is taken usually. Plus can the employer take another amount from the next check like she did as well? Oh and Dogmata...I was in arrears at a little over 7,000.00. could not work in hospital..but...I am now down to about 2000.00. thank goodness. anyways, how do I handle this?? thanks sooo much
 
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Gracie3787

Senior Member
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
You should do what my husband did when this happened to him.
Go to LII: U.S. Code: Home and print out the Consumer Credit Protection Act in Title 15 Chapter 41.
Then, take that to your employer to "gently" remind them that there is a max that they can garnish.

They can deduct extra out of any paycheck to make up for less being withheld, but the total is still limited to the 55%.
 

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