The child support I receive is court ordered. My ex boyfriend has been paying for about 10 years. If it is court ordered then why wouldn't I receive the same amount all the time. I am supposed to get $156.28 every two weeks. But I think his employer takes out less when he works less. The checks usually range from $128 - $156 every two weeks. So if they can take out less then why can they not give me more if he makes more?
2007-01-21 12:18:05 · 14 answers · asked by ANGIE 3 in Family & Relationships ➔ Family
court ordered child support amounts shouldn't vary like that. i don't know what the law is in your state, but here we have the department of revenue to issue support checks and deduct the support from paychecks. you shouldn't have to go back to court to enforce the contract you already have. if you don't have something like d.o.r., you need to call your lawyer or your ex's employers and show them the support order.
your ex is not allowed to short change his child. if there is a change in his income, HE has to go to court and apply for a modification.
2007-01-21 12:51:40 · answer #1 · answered by annenymous 2 · 0⤊ 1⤋
What everyone so far has forgotten is that there is a federal cap on the amount of money that can be taken out of his check for purposes of child/spousal support. This cap is set at 65% of the gross if he has/claims no dependents other than himself, and 55% if he claims additional dependants. If he has less hours in a pay, the most that can be taken out is 65% of his gross which may be less than the court order.
His employer cannot take out more when he makes more because the court set the maximum amount that they can take from each pay, and it's not on a sliding scale.
If he's consistantly not getting enough hours, he may petition the court to lower it, but at the same time, many courts will insist that he obtain a more stable job where he will get consistant hours instead. So if he's bucking for that route, it may end up cutting him.
Also, though you may not receive the amount you should from his checks, he will be going in arears with the state, and they can (and likely will) take it out of his income tax return, or just make him continue to make payments long after the child/children are 18/out of school/etc.
2007-01-21 14:11:10 · answer #2 · answered by Kevin C 3 · 0⤊ 0⤋
Depends on the state and the fees the agency in charge of your case takes out for their enforcement of the support. The agency in charge of collecting the support can legally take out whatever fees (from the recipient) it deems necessary for the paperwork and handling your case. Also, you should be receiving a monthly statement from the state agency in charge of child support giving you an accurate accounting of all financial transactions (payments, state agency fees, charges, interest, etc) each time a payment is made. If you have one, refer to that and you may possibly find fees that you never thought they could take out.
As for taking out more money, the agency cannot take from your ex-boyfriend more than what is ordered by the court. His employer has no say in how much is taken out.The only responsibility the employer has is to garnish his wages for the amount specified on the order and forward it to the agency in charge of the collection. After that, the agency in charge takes over.
2007-01-21 13:10:41 · answer #3 · answered by J T 3 · 0⤊ 0⤋
If your support is court ordered, you should be getting a check for the specified amount.
Call Domestic Relations and discuss it with them. I could be an error on their end. If it is an error being made by your husband's employer, Domestic Relations does need to be aware of it.
2007-01-21 12:24:32 · answer #4 · answered by DannyGirl 3 · 0⤊ 1⤋
If the employer is paying it, in most states the amount is withheld automatically. If you add up what you are getting per year, the amount probably comes out right per month when you divide it by 12.
2007-01-21 12:39:21 · answer #5 · answered by J D 5 · 1⤊ 0⤋
Unfortunately there is nothing you can do about that until he is 1 month behind. Secondly, If you have a complaint you need to call the child support office. It is technically their jobs to handle this not yours. Just be a good mother. Encourage your child to love their father. That is part of your job. They will be old enough one day to make up their own mind. Do not tell them Daddy is behind. That is adult matters.
2007-01-21 13:20:07 · answer #6 · answered by dizzyangels321 1 · 1⤊ 0⤋
It depends on the state you live in, but you can go to court and have your attorney request that child support payments be made directly to the "friend of the court" (they call it different things in different states) and then you would receive a check directly from them.
2007-01-21 12:42:55 · answer #7 · answered by Jennifer C 2 · 0⤊ 1⤋
If you have a court order established and his employer is obligated to garnish his wages, they are required by law to send you the amount ordered under the court. You need to bring him back in and make sure he is held responsible. It's his job to make sure you receive the ordered amount whether his employer sends it or not...
Good luck...
2007-01-21 13:42:34 · answer #8 · answered by Cute But Evil 5 · 0⤊ 1⤋
Ask the clerk of court, child support division.
2007-01-21 13:21:30 · answer #9 · answered by Anonymous · 1⤊ 0⤋
I DONT' THINK THEY HAVE THE RIGHT TO TAKE OUT LESS UNTIL HE CAN GO BACK TO COURT AND PROVE THAT HE'S MAKING LESS.
I'D CONTACT YOUR ATTORNEY.
HIS EMPLOYER IS BOUND BY LAW TO TAKE OUT WHAT THEY ARE TOLD TO.
2007-01-21 12:37:55 · answer #10 · answered by KAT 4 · 0⤊ 0⤋