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Today I viewed my leave and earning statement and noticed that I have a garnishment of $323.46. I contacted payroll and they informed me that a garnishment of $646.00/month has been ordered against me. I contacted the Child
Support Agency and I was informed that I had a hearing on March 8, 2007. Enforcement was effective April 10, 2007. I was not aware of this because I transferred from the state of California December 28, 2007. My ex told the court that I make $5600/month this is untrue as I only make $2700.00 and I have my wife and two children living with me. I have sent the documentation along with my last two check stubs. I was told this can take a week to get a hearing - what are my chances this being lowered. The proposed judgement was for $250/month this is what I can afford.

2007-04-18 10:42:40 · 5 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

5 answers

hmm...I'm surprised the courts took her word for it that you make $5600/month! Very surprised. So sounds like you may be going back to court. You have an attorney right? You have proof of what you make/take home per month so they should lower it. I'm just shakin' my head here-I've never heard of the courts just taking someone's word. Contact your attorney. Good luck! :-)

2007-04-18 10:49:53 · answer #1 · answered by Anonymous · 0 0

If she lied (perjury ) to the courts about how much you made to obtain more money (fraud), and you can prove her wrong, then she just may have a whole lot of trouble coming her way and thats not good. The Judge bases his decision on what you make in reality so if you dont make 5600 then he will have to adjust the amount to fit wat you really make here. You can sue her for money falsely obtained in small claims court or work out some kind of deal like skipping a month to equal the equation. Ask the Judge first before doing anything. You have nothing to worry about here. Good luck

2007-04-18 10:53:47 · answer #2 · answered by Arthur W 7 · 0 0

Your child support garnishment of 323.46 from your paycheck means that your monthly garnishment amount is 646.00 each month. The child support agency is probably enforcing current support plus arrears. If you current support obligation is 250.00 a month, you are 396.00 towards your arrears. You may be able to negotiate with the child support agency to have the arrears amount (396.00) lowered depending on your case. If you can show to them that you have been consistently paying you may be able to get that amount lowered. Also, if you have a court order stating that you only have to pay 100.00 towards the arrears, the maximum the can garnish from you is 250.00 for current plus 100.00 towards arrears for a total of 350.00.

One other thing you can do is claim hardship on your case. Give the casemanager with all of the information for you right now ( new family, two kids, home, mortgage, will have to be put on assistance in their state, etc) the case manager may lower your monthly obligations. No matter what, the child support agency HAS TO send a withholding order for current support plus something toward the arrears. That "something towards arrears" is, almost always, negotiable unless it is court ordered.

Now that you are only making 27,000 a year you may request a modification of your child support of your current child support obligation. Reasonably speaking 250.00 a month for current support is cheap, no matter what state you live. If you were to take moms wages into consideration (lets say minimum wage) and yours, your support should be around $500.00-600.00 range and that takes into consideration that you have a new family with two kids with no visitation on the other child you are paying support for.

2007-04-20 15:03:26 · answer #3 · answered by plumeriaofidaho 2 · 0 0

If you have provided proof...then it will be lowered, not necessarily to "what you can afford" but according to the guidelines in the state the children preside in...and the percentage you are required to pay according to your gross income.

2007-04-18 11:09:24 · answer #4 · answered by a_lot_smarter_now 4 · 0 0

they will prob redo it and see what it shoudl be know but stay on top of it cuz it can rack up on you

2007-04-18 10:51:04 · answer #5 · answered by Clays mom 4 · 0 0

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