I received an annual bonus check from the company I work for. In the deductions sections, I noticed a deduction for child support. Is this a norm? I had just paid (through payroll) my weekly obligation. Can I get hit again?
2007-12-17 19:39:34 · 4 answers · asked by tavito 1 in Business & Finance ➔ Taxes ➔ United States
Steve gives a good answer above. If there are no arrearages and you have already paid your monthly support obligation through your salary in the month of the bonus, it seems the payroll department made an error.
Conversely, if instead of a fixed amount you have to pay a percentage of your pay each month the garnishment would be correct.
As a note, most court ordered child support payments are required to be made via payroll withholding. Because of that, one cannot assume someone is behind in payments because of a garnishment.
2007-12-18 02:46:18 · answer #1 · answered by taxreff 7 · 0⤊ 0⤋
Not sure because I don't know the particulars of your case, but if your normal payroll is getting deducted for child support, it's probably because someone sent your HR department the court order. And it is no surprise that court orders would fix a percentage or dollar amount that you need to send regularly.
The bonus probably falls under HR's "salary" for you, so it seems normal that they'd deduct something for your child support.
The best way to answer this is to read your court order carefully. I suspect there's language in there about what happens if you make more money in a calendar year (like a bonus) or other situations.
If you call your attorney for help, it might cost you more to have him/her talk to you for ten minutes than you're paying here.
Pick your battles. Read what you can, then decide if it's worth trying to change the court order. Yes, it feels like the money's a bonus for your ex, but see if you can negotiate with your ex a substantial Christmas present for your child. If not, decide for yourself if it's worth the trouble to fight.
2007-12-17 19:54:40 · answer #2 · answered by going_for_baroque 7 · 1⤊ 0⤋
Is child support in arrears or do you owe back child support? If so, then your paycheck is subject to being garnished. If not, then read your divorce decree and see how child support is determined. You may need to bring this to the attention of your payroll department. Also, you may need to get a court order (depending on how well you get along with your ex) to get that money refunded to you. It may not be worth the effort.
2007-12-18 02:10:24 · answer #3 · answered by Steve 6 · 1⤊ 0⤋
If you're subject to garnishment for any purpose, any monies from your employer are subject to the garnishment order.
The money from your weekly check is not your "weekly obligation." If you had stayed on top of your obligations in the first place, there wouldn't be a garnishment order.
2007-12-17 22:13:13 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋