Quick question

[JustaFriendinTN]

What is the name of your state? TN

I have a friend, not a significant other just a friend, who has 2 children by 2 different women. He go into some trouble with the law a few years ago and was in jail for about a year, in which time he became behind on his child support payments.

He has been paying since he got out of jail by his checks being garnished and has not come accross a problem until now. A few days ago he got paid and the amount on his check was 13 cents.

His question is, can they actually take his entire check and leave him with nothing to live on for the next few weeks? If they can't, is there any way he can get his money back so that he can have money to eat?

Thanks!

 

[MrsK]

I thought they couldnt take more than a certain % of the check, but I could be wrong. Seems to me it was like 60% if he was unmarried??? Maybe 75%? Someone correct me if that isnt right.

I doubt he will get any $$ back, though, even if they didnt do it right. CSE's priorities arent EVER giving back $$, even in cases where they incorrectly took too much.

 

[LdiJ]

I thought they couldnt take more than a certain % of the check, but I could be wrong. Seems to me it was like 60% if he was unmarried??? Maybe 75%? Someone correct me if that isnt right.

I doubt he will get any $$ back, though, even if they didnt do it right. CSE's priorities arent EVER giving back $$, even in cases where they incorrectly took too much.

Its his employers responsibility to not take out more than the law allows, despite the guarnishment orders. He needs to talk to his employer.

 

[Silverplum]

<<he became behind on his child support payments.>>

...can they actually take his entire check and leave him with nothing to live on for the next few weeks? If they can't, is there any way he can get his money back so that he can have money to eat?

This is NOT against you, because you're just a friend, but I find it ever-so-slightly amusing that he expected his kids to eat on nothing for at least a year and now he has nothing for a short while. Bummer about that. I'll not be hosting his pity party.

Legally, I believe Mrs.K is correct. Google is your friend's friend. Make sure to check the state guidelines for the state/s he is paying.

 

[JustaFriendinTN]

Its his employers responsibility to not take out more than the law allows, despite the guarnishment orders. He needs to talk to his employer.

If that is the case, is his employer legally obligated to give him any of his money back?

He has already found a second job to help out a little bit but he wont get paid for 2 weeks from that job and doesn't know how he is going to make it until then.

Even with the 2nd job though, he is concerned that they will take out even more child support to pay the arrears.

 

[JustaFriendinTN]

This is NOT against you, because you're just a friend, but I find it ever-so-slightly amusing that he expected his kids to eat on nothing for at least a year and now he has nothing for a short while. Bummer about that. I'll not be hosting his pity party.

Legally, I believe Mrs.K is correct. Google is your friend's friend. Make sure to check the state guidelines for the state/s he is paying.

He didn't expect the kids to not eat while he was in jail. He sent what he could, however with him being in jail, he could not send what the court had ordered.

Before he went to jail he sent more that the court order required, yes stupid on his part but he did.