5
   

Garnished child support question

 
 
pitario
 
Reply Mon 17 Feb, 2014 08:27 am
My daughters father has just had his wages garnished for child support. The court order states 466.00/month. The employer has taken 466.00 multiplied it by 12 months = 5,592.00, divided that by 52 weeks = 107.54. So in a normal 4 week month my daughter only receives 430.16/month. Not what the court order says. I know there are 2 months in a year that have 5 weeks and she will receive more than 466.00/month but for the other 10 months the support is in arrears. Yes/No? Just wondering if I should contact FRO.

Thank you

PS The employers payroll is done weekly. Can they not garnish 233.00 every other week?
 
roger
 
  3  
Reply Mon 17 Feb, 2014 04:20 pm
@pitario,
They have done it correctly. By the way, February is the only month with 28 days (4 weeks exactly) in the year.

A weekly payroll requires a weekly deduction. What would be the difference if the garnishment were done weekly, biweekly, or even monthly?
Ragman
 
  1  
Reply Mon 17 Feb, 2014 05:38 pm
@pitario,
You will not get any more money than the 52 weekly payments amount (not get 2 extra weeks) or get 50 payments and get less than you should if that is what you're asking.
0 Replies
 
cicerone imposter
 
  2  
Reply Mon 17 Feb, 2014 06:20 pm
@pitario,
When the total, $5,592.00, is correct, it doesn't matter how it's paid - usually monthly. Retired people receives social security monthly, but the annual amount equals the yearly benefit. It doesn't matter how many weeks there are in any month.
glitterbag
 
  1  
Reply Mon 17 Feb, 2014 06:41 pm
@cicerone imposter,
As a former single Mom, I'd tell you to be thankful that you receive regular payments. You may be looking to punish your ex, however, it's foolhardy to try and punish the employer. At least he has a job and can't duck responsibility. Become a big enough problem, he could lose his job then you're collecting nothing every week. What's your preference?
cicerone imposter
 
  1  
Reply Mon 17 Feb, 2014 06:54 pm
@glitterbag,
I'm not into 'what if's' when just one side of any issue is presented.
0 Replies
 
glitterbag
 
  0  
Reply Tue 18 Feb, 2014 12:36 am
@glitterbag,

This guy is paying support. I'm not sure how many sides have to be heard. Im betting the mom is not including the dad in this conversation. I don't have a bias against dads, but this poster is asking for something very convoluted, I don't think she even knows what she wants. She has been awarded the amount the dad has been directed to provide!!!!! what else does she want? What is dad not providing? It's guesswork at this point, but as a single mom (long ago) I can tell you my sons biological dad and my nephews father (my brother) have short changed their children. Guess who took care of them, me and my sister-in-law and my dad. Not all men ignore their children, but my first husband and my own brother skipped out on their kids. Most men don't do that, the author of this question is getting everything her children have been awarded. I'm not sure if she has a clue what's considered fair support.
0 Replies
 
foreclosureus1
 
  -1  
Reply Tue 18 Feb, 2014 12:48 am
@pitario,
I think you should contact FRO. get in touch with a professional lawyer also.
roger
 
  5  
Reply Tue 18 Feb, 2014 01:24 am
@foreclosureus1,
Sure. Spend the money, but I'll tell you now that the employer's procedure is beyond challenge. Any other calculation would be improper.
0 Replies
 
pitario
 
  1  
Reply Tue 18 Feb, 2014 07:51 am
@glitterbag,
I am not trying to punish the ex. Please re-read my post, "but for the other 10 months the support is in arrears." meaning he would be punished for arrears. He is supporting his daughter, yes, I am thankful, I don't want him to get into trouble. Not sure where I even implied that?
0 Replies
 
pitario
 
  1  
Reply Tue 18 Feb, 2014 07:59 am
@roger,
Thank you for a straight up answer. The only reason it matters is, I don't want him to go into arrears. I was asking because the way I figured it, the support would be thirty some odd dollars in arrears each month. That adds up pretty quick and I know arrears punishment is quite harsh. By the sounds of it, everything will work out in the end so I won't bother with it.
pitario
 
  -1  
Reply Tue 18 Feb, 2014 08:00 am
@cicerone imposter,
Thank you.
0 Replies
 
foreclosureus1
 
  0  
Reply Wed 23 Apr, 2014 11:14 pm
@pitario,
Guess what - its great if you are receiving regular payments. Get in touch with a lawyer to punish the employer.
roger
 
  1  
Reply Thu 24 Apr, 2014 12:20 am
@foreclosureus1,
For what?
0 Replies
 
bankruptcycenter
 
  0  
Reply Fri 2 May, 2014 01:10 am
you know what you wont get any more money than the 52 weekly payments. HOWEVER CONSULT A LAWYER
roger
 
  2  
Reply Fri 2 May, 2014 01:56 am
@bankruptcycenter,
Again, why? The employer is making the appropriate deductions. Do you suppose A LAWYER is going to secure more, or change the timing of the deductions. I realize lawyers always need new business, but it sounds like a waste of scarce money.
0 Replies
 
Buttermilk
 
  1  
Reply Fri 2 May, 2014 02:33 am
@pitario,
You do realize only reason why he is being garnished is because he ISN'T PAYING as instructed to.
roger
 
  1  
Reply Fri 2 May, 2014 02:54 am
@Buttermilk,
She said he was in arrears. Beyond that, child support offices, whatever they are called in the various fifty states, routinely garnishee wages from the very beginning. I don't know that they have all adopted the convention, but that was a distinct trend when I was doing the employers' side.
Buttermilk
 
  1  
Reply Fri 2 May, 2014 03:30 am
@roger,
I would have to see California laws because it makes no sense to garnish wages out the gate especially if the court order established payment guidelines.
roger
 
  1  
Reply Fri 2 May, 2014 12:08 pm
@Buttermilk,
Explaining the reasoning behind some laws is a truly thankless task, which I gave up years ago. By this time, I imagine all states are doing the same. I can't imagine it matters whether you or I think it's a great idea or not.
0 Replies
 
 

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