percentage of support garnishment?

[Momto1yrold]

What is the name of your state? NY

I have posted here before. I am going through CSEU for support. They have been attempting to start garnishments through his employer since Dec. But there have been several problems, one being they cant seem to find the correct address. Whatever there system of finding the support obligors is, one or two addresses came back as unknown and then some have gone unanswered, and now they are attempting an address I gave them as well as another attempt at the unanswered addresses. They have the company name down as the one that he claims to work for so its not several jobs.

I am not sure why its this difficult if they sent to wrong dept, couldnt they just send information on the correct department. The company is the company he claims to be working for and had a few (at least) paystubs there and presently claims to still work there as of Feb 23rd.

My caseworker said they sent a higher garnishment request. I read its $50 or 50% of the support obligation. But they can only take a certain percentage of the check (which I understand). I am just curious how they work that.

What is the actual percentage they can take from ones check in NY for support and is it before or after taxes?

 

[nicetryadmin]

What is the name of your state? NY

I have posted here before. I am going through CSEU for support. They have been attempting to start garnishments through his employer since Dec. But there have been several problems, one being they cant seem to find the correct address. Whatever there system of finding the support obligors is, one or two addresses came back as unknown and then some have gone unanswered, and now they are attempting an address I gave them as well as another attempt at the unanswered addresses. They have the company name down as the one that he claims to work for so its not several jobs.

I am not sure why its this difficult if they sent to wrong dept, couldnt they just send information on the correct department. The company is the company he claims to be working for and had a few (at least) paystubs there and presently claims to still work there as of Feb 23rd.

My caseworker said they sent a higher garnishment request. I read its $50 or 50% of the support obligation. But they can only take a certain percentage of the check (which I understand). I am just curious how they work that.

What is the actual percentage they can take from ones check in NY for support and is it before or after taxes?

If single: no more than 60% of his weekly take-home
If married: no more than 50% of his weekly take-home.

If there is 12-weeks or more of arrearage, an extra 5%.

 

[nextwife]

If single: no more than 60% of his weekly take-home
If married: no more than 50% of his weekly take-home.

If there is 12-weeks or more of arrearage, an extra 5%.

However, those figures are not PER order, they are for all CS orders combined. So, if there were already another order, the amount this order could garnish would be reduced.

 

[nicetryadmin]

However, those figures are not PER order, they are for all CS orders combined. So, if there were already another order, the amount this order could garnish would be reduced.

I might be wrong, but my understand is that it IS PER order. For example, a second cs order is subject to garnishment of what's left of their current take-home (with that first order in place). The more orders there are, the less amount of money able to be garnished.

 

[Momto1yrold]

If single: no more than 60% of his weekly take-home
If married: no more than 50% of his weekly take-home.

If there is 12-weeks or more of arrearage, an extra 5%.

Thank you for answering. He is more than 12 weeks behind in just support not including the add ons. And this is his only child support order.

They had done the extra %50 garnishment back when he had his higher income job. But 5 weeks later he got it lowered to only an extra $20 for arrears (family court clerk or CS worker told me that they can call up and get it lowered-not sure how because ive been told thats not true).


Thank you again.

 

[saintkbsmom67]

I might be wrong, but my understand is that it IS PER order. For example, a second cs order is subject to garnishment of what's left of their current take-home (with that first order in place). The more orders there are, the less amount of money able to be garnished.

In Ny if there are more than one court order, the first order would be 17% of the salary, the second would be 17% of the remaining money once the first order is paid.

 

[Momto1yrold]

In Ny if there are more than one court order, the first order would be 17% of the salary, the second would be 17% of the remaining money once the first order is paid.

Is that for calculating the support in court? Or for garnishing the support order after not paying for some time and etc.

They used the %17 of salary formula to calculate his support order Feb 2005 plus the add ons etc. We then opted out and agreed on a lower amount. The original time they started the garnishments on his previous job, he didnt send any payments while they set up my account so they sent another garnishment for $75 more which in total I believe may have been %30 percent or more of his take home. Im just curious on the percent they go by for garnishing for arrears and the total amount that can be garnished.

But now that he quit his other job and they are "attempting" to start his garnishments on his new job (which hes has since Dec-could be something funny going on esp since they arent responding). Which they may not be able to take any out for arrears let alone the whole weekly obligation. We already have an order finalized and currently going to court for a downward modification via him the petitioner. It will all be settled shortly hopefully. I just have to wait and see. I am doing just fine working on my own just curious how they figure this out.

 

[saintkbsmom67]

Is that for calculating the support in court? Or for garnishing the support order after not paying for some time and etc.

They used the %17 of salary formula to calculate his support order Feb 2005 plus the add ons etc. We then opted out and agreed on a lower amount. The original time they started the garnishments on his previous job, he didnt send any payments while they set up my account so they sent another garnishment for $75 more which in total I believe may have been %30 percent or more of his take home. Im just curious on the percent they go by for garnishing for arrears and the total amount that can be garnished.

But now that he quit his other job and they are "attempting" to start his garnishments on his new job (which hes has since Dec-could be something funny going on esp since they arent responding). Which they may not be able to take any out for arrears let alone the whole weekly obligation. We already have an order finalized and currently going to court for a downward modification via him the petitioner. It will all be settled shortly hopefully. I just have to wait and see. I am doing just fine working on my own just curious how they figure this out.

Did you receive the letter from CSE. They state how much they can take out with a garnishment. They gave an example, but I don't know how true that is because the court ordered support in my case is being garnished the amount plus additional 100 towards arrears. I do not know how much he is currently making, but they take that amount out each week.

 

[Momto1yrold]

Did you receive the letter from CSE. They state how much they can take out with a garnishment. They gave an example, but I don't know how true that is because the court ordered support in my case is being garnished the amount plus additional 100 towards arrears. I do not know how much he is currently making, but they take that amount out each week.

I havent received papers from CSE regarding that information and none recently. When I wanted to know if they received the paystub from my lawyer I had to go down to the unit itself (and they didnt receive anything and said they dont know why the family court clerks told me and my lawyer to do that) and the case worker is getting frustrated and thinks the paystub info I told him is weird too. So he gave me his direct number to call, esp with me still going to court for this modification. He Also gave me the number of the guy who handles the drivers license suspension and financial asset seizing (only this guy never calls me back-ive left 3 messages the past month) so the case worker gave me that guys supervisor's number. Im not going to bother cause my daughters father said in court he doesnt have any accounts. So if this address from the paystub doesnt do anything then I know something is up with that employer and him.

So, ill let them do whatever. Im sure once he loses his license (if he hasnt already), if he tries to get a higher paying job in his construction field he is going to have a problem because I believe (and can be wrong) that they would want his license if he will be driving a company truck/vehicle.

 

[nicetryadmin]

In Ny if there are more than one court order, the first order would be 17% of the salary, the second would be 17% of the remaining money once the first order is paid.

Keep in mind I am talking about the MAXIMUM ALLOWED by law (Federal).

The max amount allowed by law is from take-home (net) pay.

When child support orders are calculated, they are based on gross or net pay, depending on state statutes.

Calculations and garnishment are two different animals. Anything owed over the amount legally allowed to be garnished must still be paid.

 

[nicetryadmin]

Did you receive the letter from CSE. They state how much they can take out with a garnishment.

Actually CSE can NOT do this. All CSE does is issues a notice of an amount to be garnished. It is then up to the obligor's employer to confirm how much can legally be garnished. Whatever is left over (if any), must be paid out-of-pocket by the Obligor.