Garnishment of Wages vs. Voluntary Payments

[Silverplum]

Did this send up a red flag for anyone??? If he pays ontime everytime why the need to adjust the budget????????? Food for thought

Actually, I did consider that statement. However, they're used to mailing one CS check at a certain (undefined) point in the month. CPS wants to garnish twice a month. So, for example, if you're used to paying rent/mortgage with your first monthly paycheck and CS and other bills with the second...you're going to have to adjust your budget to rearrange payment schedules.

At least, that's what I thought she meant.

 

[abstract99]

Which would not be hard to do since they now have extra money during the other paycheck period.

 

[sillycat]

Did this send up a red flag for anyone??? If he pays ontime everytime why the need to adjust the budget????????? Food for thought

What are you getting at? It seems like all anyone does on this site is criticize.

I was talking about the fact that we don't have much money and he pays the child support with his first paycheck and rent with his second paycheck right now. If they take 50% of each of his checks and then have to send in a check for the left over balance it will screw up our current budget. Why is that such an incriminating comment to say that we would have to adjust our budget?

 

[Gracie3787]

What are you getting at? It seems like all anyone does on this site is criticize.

I was talking about the fact that we don't have much money and he pays the child support with his first paycheck and rent with his second paycheck right now. If they take 50% of each of his checks and then have to send in a check for the left over balance it will screw up our current budget. Why is that such an incriminating comment to say that we would have to adjust our budget?

Why is he paying more than 50 % of his income in CS? Is he paying extra for any arrears?

If he doesn't have any arrears, and is paying more than 50% then something isn't right and he needs to go to court to modify the amount of CS. Oh, that is unless he is earning less money (thru his own fault-quit job, etc) now than he was at time CS was ordered.

 

[tigger22472]

I agree that something doesn't sound right with this. Either as Gracie said the state messed up on taking more then 50% of his checks or the OP isn't being truthful in the fact the father is paid up and doesn't owe arrears.


OP and the others that are against garnishments do you realize how easy it is for a CP to say they didn't get money? Ex's are ex's for a reason.. obviously there were problems. How many divorces do you know about where BOTH parents never lied to the other person or they never got angry looking for ways to get even? If they got along ALL the time they would have stayed together. Garnishments are best for all involved really. The CP is guarenteed to get the support as long as either the other parent reports it to their employer (or for the ones that do avoid it, the state finds them and does an automatic garnishment) and the NCP doesn't have to worry about the CP saying they didn't get the money. And a note to the OP... any monies NOT paid through CSE can be considered a gift and will result in an arrears case at this point so the father should not hand money to the mother personally. If he gives mom the money she could tell CSE that he did it but if it's like my case the case worker will personally tell her that she need not report it if she didn't want to.

 

[Silverplum]

Of course one can pay through CSE without a garnishment. Pay the phone company, pay the electric company, pay the child support, pay the car insurance, etc. Who would want all of their bills garnished?

I'm simply against garnishments for those who do not want them and have shown they do not need them. It's ridiculous.

 

[tigger22472]

Of course one can pay through CSE without a garnishment. Pay the phone company, pay the electric company, pay the child support, pay the car insurance, etc. Who would want all of their bills garnished?

I'm simply against garnishments for those who do not want them and have shown they do not need them. It's ridiculous.

Do you know of anyone that has tried to do this simply on their own? I know where my case is they won't touch the case unless there is a wage withholding (unless mistaken, I've heard Indiana however is a mandatory wage withholding state) and even then you have to open a case with them if you have to pursue if an NCP is in arrears. Point being as silly as it sounds CSE might simply accept the payments through them.

 

[Silverplum]

I only *really* know about Colorado and can tell you that, unless you have shown you are a screwup, CS can be paid directly to CSE, like any other bill.

My point is more philosophical in nature, rather than practical. Sorry about that. But it irritates me to no end to consider mandatory garnishments for CS for those who have shown no problems. I guess I take it seriously that CS is one of the bills, like gas & electric. Get it, pay it, get it, pay it. If you pay the gas bill, you don't have problems w/the gas co. It should be the same with CSE.

 

[mrsbrown]

Of course one can pay through CSE without a garnishment. Pay the phone company, pay the electric company, pay the child support, pay the car insurance, etc. Who would want all of their bills garnished?

I'm simply against garnishments for those who do not want them and have shown they do not need them. It's ridiculous.

It's not a matter of what the NCP needs or doesn't need. It is the childs need. And that child should not have to wait and see if a NCP is going to decide to pay or not. If a garnishment is set up and in order then there will be no waiting. If it isn't there is always the chance that the NCP will not follow thru.

 

[tigger22472]

I only *really* know about Colorado and can tell you that, unless you have shown you are a screwup, CS can be paid directly to CSE, like any other bill.

My point is more philosophical in nature, rather than practical. Sorry about that. But it irritates me to no end to consider mandatory garnishments for CS for those who have shown no problems. I guess I take it seriously that CS is one of the bills, like gas & electric. Get it, pay it, get it, pay it. If you pay the gas bill, you don't have problems w/the gas co. It should be the same with CSE.

I totally agree with you as far as how you take the CS but out of experience I will tell you that many DON'T feel that way.. not even close. Regardless of my own situation in which the NCP was even garnished and quit his job, would work until I FOUND OUT where he worked at (a year) and gave the information to CSE and they did another withholding only for him to quit 3 weeks later (mind you getting no support simply being paid) I know of married men that I really and truely could see them not paying CS... at least not what is ordered to be paid. A lot of bitterness goes through the divorce and I know men who would might pay it but only if they could hand it to the child because the 'the kids don't get any of that money' phrase comes out. In the same respect I do know NCP's that do pay religiously just as you are saying without a wage withholding and that's awesome, but reality is again, it doesn't happen often. When it doesn't then it's a he said/she said situation and the states would end up with more children that aren't getting their court ordered support. My husband has 50/50 custody of his child with no child support paid... however even if he did pay I personally would prefer it be directly taken out as we wouldn't see that money. As far as credit companies and what not I really don't think they look at it as a mark on the credit... yes you are forced to show you pay that but then again that's not money that should be figured in as income as you don't have that amount coming in anyways... did that make sense?

 

[Silverplum]

Mrs.Brown -- You aren't getting my point at all, and I don't think it's that tough to see. But whatever. Since it's Friday afternoon, and I don't pay or receive CS (told you it was philosophical), and I don't particularly care, I'll let my previous statements stand.

 

[mrsbrown]

Mrs.Brown -- You aren't getting my point at all, and I don't think it's that tough to see. But whatever. Since it's Friday afternoon, and I don't pay or receive CS (told you it was philosophical), and I don't particularly care, I'll let my previous statements stand.

Ok. Thanks.

 

[sillycat]

Do you know of anyone that has tried to do this simply on their own? I know where my case is they won't touch the case unless there is a wage withholding (unless mistaken, I've heard Indiana however is a mandatory wage withholding state) and even then you have to open a case with them if you have to pursue if an NCP is in arrears. Point being as silly as it sounds CSE might simply accept the payments through them.

We have never paid directly to the mother. We get a bill in the mail and he sends a check once a month to the child support agency.