F
Federal employee
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 Not one law that I could find stated or superseded Title 5 CFR 581.104(h).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.
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.
