Child support order

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pamkay414

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I live and work in NY. I am court ordered to pay child support which according to the order is $216.67 every 2 weeks and is deducted from my paycheck. I also receive social security disability. Before there was a permanent order of support the judge ordered $100 to be paid monthly which came out of my SSD every month. I received a letter from SS that they would not be taking out the $100 per month anymore (as that money was coming out of my paycheck from my job). Then when I went back to court in February of this year she set an order for the $216.67 every 2 weeks which is being deducted faithfully by my employer. She also said that the arrears would not be payable until after my child comes home which will be on June 18th of this year, in a few weeks. I got a letter from social security yesterday telling me they are deducting $433.33 each month from my payment to pay my child support. And also how the consumer credit protection act rules how much we can take etc, .... the amount depends on whether an individual is supporting a spoue or dependent children (which I am) not named in the court order. The limits are as follows:
50% of benefits may be taken out if an individual is supporting a second family.
If an individual is not supporting a second family 60% of benefits may be taken out.

But this is contrary to what the judge said in the order and is leaving me with absolutely no money for my bills which are way behind and also the arrears are not payable until my daughter comes home.

The amount of money they are taking out now is 1831.01 when my last months pay was 2681.01. This is more than her father is paying who makes over $80,000 a year. It's more than $860 a month. Am I wrong here? Please advise ASAP. I am going to call the court and the collection unit in the morning. I am not a deadbeat, never was, always gave my child clothing and money and now they are really hurting me and my other children. I am unsure of who else to contact. Who oversees the collection units? According to the payment standards on their website for the amount of money they are taking out of my check ($10,400.88 a year) is for someone who makes over $62,000 when I only made just over $30,000 last year. Something is really wrong here. They will be hearing from me tomorrow first thing. THis is horrible.

What can I do aside as this support collection unit is constantly taking more than is ordered? I am definitely going to call the court tomorrow. This is not right and it is much more than what the law states is allowed to be taken, 17% of my income. My income is not at all high and this is not right. THey knew I was on SSD and also knew I was working and now I have nothing coming to me on the 3rd when I get my SSD and they are still taking the $216.67 every check. I also got payment coupons/a revised order and this was not mentioned at all.

Anyone here know anything about this? Am I wrong to think this is not right? Thanks for any help you can give. Anyone who doesn't want to just lurk care to give any suggestions or advice?

Pam
 
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I live and work in NY. I am court ordered to pay child support which according to the order is $216.67 every 2 weeks and is deducted from my paycheck. I also receive social security disability. Before there was a permanent order of support the judge ordered $100 to be paid monthly which came out of my SSD every month. I received a letter from SS that they would not be taking out the $100 per month anymore (as that money was coming out of my paycheck from my job). Then when I went back to court in February of this year she set an order for the $216.67 every 2 weeks which is being deducted faithfully by my employer. She also said that the arrears would not be payable until after my child comes home which will be on June 18th of this year, in a few weeks. I got a letter from social security yesterday telling me they are deducting $433.33 each month from my payment to pay my child support. And also how the consumer credit protection act rules how much we can take etc, .... the amount depends on whether an individual is supporting a spoue or dependent children (which I am) not named in the court order. The limits are as follows:
50% of benefits may be taken out if an individual is supporting a second family.
If an individual is not supporting a second family 60% of benefits may be taken out.

But this is contrary to what the judge said in the order and is leaving me with absolutely no money for my bills which are way behind and also the arrears are not payable until my daughter comes home.

The amount of money they are taking out now is 1831.01 when my last months pay was 2681.01. This is more than her father is paying who makes over $80,000 a year. It's more than $860 a month. Am I wrong here? Please advise ASAP. I am going to call the court and the collection unit in the morning. I am not a deadbeat, never was, always gave my child clothing and money and now they are really hurting me and my other children. I am unsure of who else to contact. Who oversees the collection units? According to the payment standards on their website for the amount of money they are taking out of my check ($10,400.88 a year) is for someone who makes over $62,000 when I only made just over $30,000 last year. Something is really wrong here. They will be hearing from me tomorrow first thing. THis is horrible.

What can I do aside as this support collection unit is constantly taking more than is ordered? I am definitely going to call the court tomorrow. This is not right and it is much more than what the law states is allowed to be taken, 17% of my income. My income is not at all high and this is not right. THey knew I was on SSD and also knew I was working and now I have nothing coming to me on the 3rd when I get my SSD and they are still taking the $216.67 every check. I also got payment coupons/a revised order and this was not mentioned at all.

Anyone here know anything about this? Am I wrong to think this is not right? Thanks for any help you can give. Anyone who doesn't want to just lurk care to give any suggestions or advice?

Pam

Have you contacted the child support enforcement agency about it? That's where you should start.

You post is a little confusing. Who has the child? Are you more than 12 weeks in arrears? If you are more than 12 weeks in arrears, they can withhold 55%.

Does the $2681 include your SSD? Is that gross or net pay?
 
Arrears

As per the order of the judge the arrears are not payable until my daughter comes home which will be in about 2 weeks.

I did call the support collection unit and they act as though that's their money, not mine. $2681 was before taxes, before child support. My child is in a group home.

Thanks.
 
Just heard back from the support unit woman again. She said she is faxing a "termination order to social security"...she knows it's a "problem" and I will get a refund if they make the deduction. Oh, you bet I will get a refund. I will be there at their office first thing Wednesday with my hand out waiting for them to write that check.

All I ever hear them say is computer generated, computer, computer.... I thought computers were supposed to be so accurate??? I think some people think they need to take more than what is allowed. It's unfortunate for people like me, the working poor. Yeah, I have an income but I have nothing to show for anything. I had to scrape up $1.36 for a half gallon of milk this morning. What on earth am I going to do until I start receiving child support from her father? Until then it's going to be hard but then once it starts I will be on easy street hopefully like before.

Thanks for your reply. I really appreciate it. This is a really hard thing to have to deal with. I am being treated as a deadbeat and I was always the one who had an income, always supplied my daughter with whatever she needed and wanted even when she wasn't living with me, clothes, money, food (yup, food) and other things she wanted and needed, toiletries etc. But I am taken to court by the county and treated like a dead beat parent. Sick. SAd and making me wish I could quit my job and run away and hide but that's not in my nature.

Thanks again.

HAve a great week!

Pam
 
Pam, I'm a bit confused; I've got a couple of questions, if you don't mind. Are you on SS's Ticket to Work program, thus making you temporarily eligible to receive both SSD income and wages from gainful employment, or is your salary not considered enough to qualify as "gainful employment"? Because if you are on Ticket to Work, won't the amount of court-ordered child support decrease when your SSDI benefits end?

Also, to whom do you pay the support? Is it to the management of your child's group home, or is it to a custodial parent? I may be misunderstanding something you've already explained, but I'm unable to figure out why they say you are currently in arrears.
 
She is in state custody in a group home. They took her last June. But they never decided to file against me for child support until around December of last year. I always had an income. Her father is court ordered to pay but they never knew I was working I guess or had an income. Then they got me for arrears from the day she was taken to the date of the hearing in February of whenever it was this year. It's not fair to charge me for arrears in my opinion as they didn't file until October of last year. I didnt get the papers and go to court until 2/25/09.

Since I am working they are taking out $216.63 every 2 weeks and the amount they took out from SSD was a computer error so supposedly I am getting a refund, but when is a good question. I have a heap load of trouble as I have an eviction pending and my check was so tiny I can't pay any of my bills at all. I work at home and nothing is working for me.

My daughter will be home on the 18th of June. If I can hold off the eviction hearing until after that then she will still come home. If they do it before then she won't come home yet. I am so upset and not to mention embarassed and angry at myself for so much. I try so hard and get no where at all.

Yes, I'm on the ticket to work and the amount they are taking out is killing me. I got an eviction notice to appear in court (placed there by my landlord as it was in the mail box and not delivered to me personally as I believe the law states it shoudl be. I posted about it on the landlord tenant forum.
 
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