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i was paying child support thru the registry then they upped it and took it out of my paycheck without a court order .

My ex says she isnt aware of whats going on and denys any and all knowldge regarding this action

is it possible for a child support order to from paying a regestry to taking it out of your paycheck without a court order

is my ex telling me the truth that she had nothing to do with it

2006-11-10 11:58:37 · 5 answers · asked by bolounit1 2 in Family & Relationships Marriage & Divorce

5 answers

Some states do all their enforcement adminstratively....so it depends on your state. In my state we do obtain court orders to pay, but if the payer falls behind they administratively ADD an arrears payment without notifying either party. So yes, it can be done. There are some cases where CSAs allow the payer to pay without garnishing his wages, but again--if he fails to pay or falls behind--they will immediately send out the income withholding to the employer. Please don't assume it was at your ex's request. Agencies are under a lot of pressure to keep payers current or they lose 'federal incentives' to their respective agencies. She very well may have been unaware of the enforcement action taken by child support. Check your state laws regarding child support at:

http://www.acf.dhhs.gov/programs/cse/extinf.htm

2006-11-14 11:55:43 · answer #1 · answered by Cherie 6 · 0 0

Actually I would think that they would have to send you a letter that they are seeking more money and give you enough time to hire an attorney to represent you in this matter it seems hard to believe that they would do that unless you live in California then you got trouble,but still i would think that yes they would have to let you know in writing that they are going to garnish your wages for more child support in most states they review the case every 3-5 yrs as the child gets older if I were you I would look into this unless you are making a substantial amount of money since the child support order was established.

2006-11-10 23:55:32 · answer #2 · answered by CaliMa 3 · 0 0

Sorry to inform you but that is BS!!! The law is that they have notify both parties involved and they aren't able to up your **** without taking you to court. Also there has to be a justifiable reason for an increase in support. She does know what is going on and you should have had to sign an order from the courts on this issue.

2006-11-11 20:07:29 · answer #3 · answered by datruthhurtz008 1 · 0 0

Check the laws in your area but its my understanding that state child support agencies are governed by Federal child support guidelines. I believe its Title IV. If you do a Google seach you can find information on the Code of Federal Regulations , CFR. this will tell you how the states are to collect child support.

2006-11-10 20:06:00 · answer #4 · answered by d b 3 · 0 0

they don't have to have a court order to garnish your check for child support. some states just do it that way. she might not know that they did it, but she certainly knows that she's getting more every month.

2006-11-10 21:46:00 · answer #5 · answered by redpeach_mi 7 · 0 0

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