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Child Support and Title 5 CFR 581.104(h)

Discussion in 'Child Support' started by Federal employee, Oct 18, 2016.

  1. Federal employee

    Federal employee Law Topic Starter Guest

    I am a federal employee. I owe arrears for child support. I have three children that live with me. I pay approx. $850 a month for child support for other children. Recently I took a new job for a new federal agency and was offered relocation expenses. I was not told prior to nor after that the relocation money that I would receive would be taken by the Treasury Dept. to pay child support as part of the Off-Set Program. I took my last paycheck to make the move as I was waiting on the check to be deposited to my bank account to pay for living and moving expenses. The check never came and I was running out of money. When I inquired at my agency, no one had an answer. I had to take a personal loan out against my vehicle in order to pay for living and moving expenses until I could find a place to rent. In addition, my new job required me to travel as part of my job, and I was to receive per deim and travel expenses. These monies too were taken by the Treasury Dept. and paid to child support.

    I contacted the Treasury Dept. and was passed around to three different people. The third person started listing off law that states the Treasury Dept. can withhold the relocation monies. I did some research of my own and came across Title 5 CFR 581.104 (h) under "Monies not Subject to Garnishment". I recited this law to the employee at the Treasury Dept. and was told (very rudely) that the Treasury Dept. would look into the matter. I was told that I would be called back a week later. Three months later and a few calls, I finally received their answer. I was told that the Treasury Dept. under Chapter 31 can withhold all of those monies. Not one law that I could find stated or superseded Title 5 CFR 581.104(h). I contacted my Senator and filed a Congressional Complaint. Today (almost 6 months later) (and out of $5000 for work), I received a call from their office. Again, the Treasury Dept. is using Chapter 31 as their justification for taking the money. When I pressed further about my initial complaint, I was told to contact an attorney.

    How can the Treasury Dept. without listing specific justification, take funds that are supposed to be protected under Title 5 CFR 581.104(h) from an employee that is performing work related activities? It is my understanding that an employee who has a family is only subject to paying 50% of his/her wages, etc. to child support, and single could pay up to 60%. If I am already paying $850 a month, then would these "extra monies" be considered an over payment for support? Meaning, I am already paying 50%, would these monies push me past the allowable threshold of 50% since I do have dependents that receive all of their support from my pay? I am having to pay for travel expenses out of my pocket. This money in turn comes out of my family's mouth. If I file for reimbursement, it goes straight to child support, even though I am already paying child support, and this is money that I have left after child support is taken out of my pay, and now it too is being paid to child support. These monies are while I am performing the duties of my job, and are not related to anything else.

    Any feedback would be helpful.
  2. army judge

    army judge Super Moderator

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    Sorry, you will need to discuss your concerns and your FINDINGS with three or four locl lawyers willing to help you fight these evil, vile, greedy devils.

    Another option would be to write your elected US Congreessperson and one of your two US Senators with your problem, as well as your findings.

    You can generally file your plea for assistance on their official website.

    Its a little late for Obama, but the sitting president will also take concerns and complaints from constituents.

    I do wish you well, but patience will be a virtue, because those devils are very greedy.

    One word of caution, I have seen people in your position get terminated from theor federal civil service positions when these troubling events transpired.

    Just be cautious as you tread their swamp.

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