CS withholding order

[ibcurious]

What is the name of your state? AL
In my divorce, NCP was to pay me current amount of CS plus $20.00 per month toward arrears. (I know that's not a lot to put toward thousands of dollars in arrears, but I was trying to be nice considering his employment situation at the time) Well, I had entered a withholding order in Nov. 2002 in which they garnished him twice. Then he quit that job. I have not recieved any CS since. I just recieved his current employers name and address and wish to submit another order. My questions are...Can I fill in "55% of pay per month for arrearages" or does it have to be a dollar amount? Can I even get a withholding order for anything more than $20.00 per month for arrearages?

 

[coosi]

http://www.alacourt.org/Forms/Child/cs-22.pdf

Is this the form you're talking about?

 

[Whyte Noise]

"Can I fill in "55% of pay per month for arrearages" or does it have to be a dollar amount?"

By law, an employer can only garnish up to a certain percentage of an obligor's income.

I'm sorry, but you won't get 55% of his monthly pay for arrearages.

Look at your states statutes, or the state CSE website to find out what AL's limits on withholding are. Generally, only 50% of the obligors pay can be taken. That means current payment amount and arrears amount together can be no more than 50% of his pay. There are exceptions to the rule, and it can go as high as 65% if the obligor doesn't have another family to support.

However, you won't get his current amount, PLUS and additional 55% of his pay for arrears.

 

[coosi]

Just curious...

Since when does the CP fill out the garnishment papers?

 

[Boxcarbill]

What is the name of your state? AL
In my divorce, NCP was to pay me current amount of CS plus $20.00 per month toward arrears. (I know that's not a lot to put toward thousands of dollars in arrears, but I was trying to be nice considering his employment situation at the time) Well, I had entered a withholding order in Nov. 2002 in which they garnished him twice. Then he quit that job. I have not recieved any CS since. I just recieved his current employers name and address and wish to submit another order. My questions are...Can I fill in "55% of pay per month for arrearages" or does it have to be a dollar amount? Can I even get a withholding order for anything more than $20.00 per month for arrearages?

Everything that you wanted to know about AL child support and was afraid to ask:
http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=AL&CFID=47480&CFTOKEN=2575909#7

And the answer to this particular question is under "G"

The maximum amount that can be deducted from an NCP's disposable income for child support is: (a) 50% percent if the NCP supports a second family and is behind 12 weeks or less in his/her child support obligation; (b)55% percent if the NCP supports a second family and is more than 12 weeks behind in his/her child support obligation; (c) 60% percent if the NCP does not support a second family and is behind 12 weeks or less in his/her child support obligation; or (d) 65% percent if the NCP does not support a second family and is more than 12 weeks behind in his/her child support obligation.

 

[ibcurious]

Yes coosi that is the form. I filed one last year when he was at a different employer. CSE hasn't been doing squat for me so I've taken things into my own hands and have been filing for myself. .....oops, MissouriGal you're right...was thinking total of 55% wasn't figuring current amount too.
Well, he is on his own and has no one to support but his two children that I have custody of. I haven't recieved a dime since last December and he is over $20,000 behind now. I just figure that when I garnish his wages this time that I should go for the maximum amount possible since last time he quit after he was garnished. Crazy, I know.

 

[coosi]

Does he have a judgement for the arrears?

 

[ibcurious]

Wow...Boxcarbill, thank you for that link. Just checked it out. Why hadn't I found that one sooner?!! Anyway, do I need a contept of court to garnish more that what is set out in our divorce (for arrearages) or can I just garnish away since he's so far behind?

 

[ibcurious]

Not sure if this is considered a judgement or not. Divorce states arrears of a little over 10k. First time I garnished he was about 15k behind. Hopefully CSE will get on the ball ( I'll let them figure out intrest from the time of divorce which I'm not really too worried about anyway) and take over eventually. It's ridiculous, Alabama CSE has had this case since spring of 2000 and I've collected more money on my own than their big fat $0.00 they have.