I know what the law in my state says about garnishments and child support coming out of my check. Child support comes first out of my disposable income and can be up to 60%. The most a garnishment can be is 25% of my disposable income, but only if the child support doesn't exceed 25% and then it can only be an amount equal to 25% minus childSupportPercent.
Well, it seems I fell through the cracks at my local court. I pay the full 60% in child support, but I pay with personal check rather than have it come out of my paycheck every week. The lawyer I was working with on an owed debt knew all this information but put a garnishment order through anyways so now I pay the 60% in child support and the full 25% in garnishment. Is this legal based on some sort of loophole? The lawyer knew my situation and has taken advantage of the fact that my child support doesn't come out of my check. I want to take care of the debt, but can't live off of 15% of my paycheck every week. Any help?
2007-12-12 04:04:52 · 11 answers · asked by Brad B 1 in Politics & Government ➔ Law & Ethics
Great answers so far guys, I really appreciate it.
Just a little clarification.
The 60% and 25% are two seperate things. The former being for child support and the latter being for a small claims case.
I don't have a lawyer. I could never afford one. The lawyer I mentioned is representing the plantiff in the small claims case.
I do, in fact, pay 60% in child support with no back support owed. The judge in my divorce case was lied to about my wages by my ex and her lawyer so he based my CS on a fictitious number. I didn't have a lawyer to help me out and he is the type of judge that thinks one party needs to be "punished" in a divorce case so I ended up paying way more than I should be.
In hindsight, paying by personal check was a mistake, but given how the court had been treating me, I wanted as little to do with them as possible.
I would love to pay only 35% and then 25%, but the 60% is going to my kids, so that number won't change.
2007-12-12 05:08:12 · update #1
By the way, rickinnocal hit the nail on the head with his solution.
I actually started that process on Friday, but was hoping there might be a quicker solution. I'm told the paperwork is going to take 3-4 weeks to process so I'm stuck with $50 paychecks for at least a month. Time to hit Ebay I guess and rebuild next year....
2007-12-12 05:12:37 · update #2
I can't tell from your question if child support is your only issue. A garnishment for child support can be 50% of your net pay compared to 25% for others. It comes before any other garnishment. You need to go to the district attorney family support division that had the garnishment issued and come to terms with how your obligation is going to be paid. Since you are apparently behind in your payments, you are at a distinct disadvantage, but the total payment--delinquent and current--should be limited to 50% of your disposable income,
2007-12-12 04:12:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There is something you can do that might move a little faster. You can file an emergency modification form with the court. This will accomplish two things, it will stop the current garnishment rate AND the court will take a look at your income and that of your ex....they will probably lower your child support payment since you are not behind.
You can pay your child support personally instead of having it garnished....to avoid mistakes in accounting, send money orders and make photo copies of the money orders (front and back), send them with a tracking number, and keep a copy of the mailing receipt with the tracking number.
Good luck!
2007-12-15 10:55:56 · answer #2 · answered by butterflykisses83 2 · 0⤊ 0⤋
Go to court with a new lawyer and ask to have it all Garnished from you check. The personal check stuff was a bad idea from the start. Let them do all the work andf garnish it.
We would need to read your paper so take them to a lawyer; maybe you are missunderstanding the court order. Is this 60% in personal checks ordered by the court? Maybe you are just supposed to take the 25% from those 60%.
It makes no sense to pay 85% on child support, unless they are adding late charges.
2007-12-12 04:23:45 · answer #3 · answered by ? 7 · 0⤊ 0⤋
Your social security benefits cannot be attached by a credit card company. A credit card company does not garnish your check anyway. They turn it over to collection agent and they file a lawsuit and have to get a court order to do that and as a private creditor, they cannot garnish your SS. If you have a pension, they can garnish that and any other assets you have.However, if you have no other assets at all except for a home and car, you should send the collection agency a letter under guidelines of the Fair Debt Collection Practices Act that you are judgment-proof. You can find a form letter online.
2016-05-23 05:36:07 · answer #4 · answered by tonya 3 · 0⤊ 0⤋
pay up, or go to prison. Maybe set an appointment to the judge so you can prove why this is an extraordinary situation for you. Pray you get a male judge.
Also, if you have been ordered to pay 60%, and they are garnishing 25% then I would pay 35% via a personal check, and not 60%, but only after you have cleared that with a judge.
Grats on being a man in todays society.
2007-12-12 04:08:30 · answer #5 · answered by falcon 4 · 0⤊ 1⤋
Ask the court to order your child support garnished from your wages. Then when your employers payroll department gets the garnishment order they will apply them as per the guidelines, which means that the 60% for child support will be taken out, and the other garnishment order will be held until it can legally be drawn.
Richard
2007-12-12 04:18:00 · answer #6 · answered by rickinnocal 7 · 1⤊ 0⤋
Go back to children's services or the court that ordered the garnishment and have the order revised to account for the cash child support payment; common sense at this time says you should be making the payments thru the system anyway.
2007-12-12 04:10:33 · answer #7 · answered by wizjp 7 · 0⤊ 0⤋
find another lawyer.
It sounds like your lawyer is taking advantage of you, and no child support (unless you owe back child support) should be 60%. But it also depends on your state.
Why did the attorney take out a garnishment. I know a lot of attorneys who actually work for no copensation when their client can't pay.
2007-12-12 04:09:45 · answer #8 · answered by David T 6 · 1⤊ 0⤋
Wow, that sucks.
I would speak with the legal aid dept of your country/city, and see if there isn't something that can be done to help you out.
They typically work for very little or even free.
Good luck.
2007-12-12 04:09:05 · answer #9 · answered by Mark A 6 · 0⤊ 0⤋
These laws protect only 50% of the population.
Sorry my friend, it looks bleak for all men...
2007-12-12 04:08:43 · answer #10 · answered by 2009 time to shine 4 · 1⤊ 1⤋