when do i get the money ordered to me?

[Inquiry123]

The check's in the mail...

Before doing that, you may wish to send a courtesy offer to establish a payment plan.

Let's assume the divorce decree specifies a time frame for payment of uninsured medical expenses...That is the amount of time that he has -- use that as a starting point.

If you have been sending him receipts and requests for payment of those expenses, he's obviously had more time than that already, right?

As Mbarr suggested, if you don't see the payment within that time period, send a demand letter and offer a payment plan if you want. If there is no specific time period in which uninsured medical expenses are to be reimbursed, wait 30 days and then send the demand letter.

Sounds like she'll/he'll pay...so you shouldn't have to wait too long, hopefully.

 

[Content]

Isn't that illegal? I can understand if (for example) 100% of his take-home goes to paying support/arreages, but I thought federal law had a max that could be garnished.

I have always read in a lot of various places that 50% is the maximum that can be deducted from anyone's pay for all garnishments that possibly exist.

 

[RedTapeNYC]

The judgment should have said how long he has to pay. You may have to go back to court to get a time frame which was negligently left out originaly by the court. If there is no time frame he can take as long as he wants.

 

[LdiJ]

I have always read in a lot of various places that 50% is the maximum that can be deducted from anyone's pay for all garnishments that possibly exist.

No...that isn't necessarily accurate...there are different state and federal limits, and there are variations depending on circumstances. The highest level I have ever encountered is 65%

 

[Content]

Okay fine you want to say you have seen as high as 65%!!! So why is another 35% missing from this man's check each payday??????? This woman is treading on some bad turf and her lawyer and the judge can probably get in serious trouble for it.

 

[LdiJ]

Okay fine you want to say you have seen as high as 65%!!! So why is another 35% missing from this man's check each payday??????? This woman is treading on some bad turf and her lawyer and the judge can probably get in serious trouble for it.

Federal withholding, state withholding, FICA and medicare withholding, union dues, etc.

 

[Content]

Wait a sec...you misunderstood, and please correct me if I am wrong but the OP stated that SHE is ordered over 100% of his income, not her get 65% and the other standard deductions people have are eating up his other 35% she said that she is ordered over 100% so what is this man expected to live on? Some one is NOT following proper procedures here. There are laws that are in place to protect people from these types of situations and this man has been severely screwed over. Now whether or not he deserved it I am not going to debate because I do NOT know all of the details but fact remains that he's paying way more than should be, he has literally NOTHING left!!

 

[LdiJ]

Wait a sec...you misunderstood, and please correct me if I am wrong but the OP stated that SHE is ordered over 100% of his income, not her get 65% and the other standard deductions people have are eating up his other 35% she said that she is ordered over 100% so what is this man expected to live on? Some one is NOT following proper procedures here. There are laws that are in place to protect people from these types of situations and this man has been severely screwed over. Now whether or not he deserved it I am not going to debate because I do NOT know all of the details but fact remains that he's paying way more than should be, he has literally NOTHING left!!

Apparently the judge determined that he was willfully underemployed and took his wife's income into consideration in making the calculation. That does sometimes happen. Its rare, but it does sometimes happen.

 

[xKellyx]

Okay fine you want to say you have seen as high as 65%!!! So why is another 35% missing from this man's check each payday??????? This woman is treading on some bad turf and her lawyer and the judge can probably get in serious trouble for it.

1) I'm not garnishing my ex's paycheck. He pays through the state every month, usually a few days late, but I don't care.

2) He makes $400 a month. He is severly underemployed. His excuse.... He is going to college, but it was determined in court that he isn't taking any courses that actually give him a college credit or work towards a degree, SO, the judge says he is underemployed and is being supported by his wife. Not to mention, when and if he actually takes college courses for a college credit, his dad's VA will cover the bill 100%....so this kid has nothing to worry about.


3)you are an idiot, don't reply to my posts, i come for real legal answers, and your threads have absolutly NOTHING to do with my original question, nor do your replys have anything to do with my case.

 

[xKellyx]

Wait a sec...you misunderstood, and please correct me if I am wrong but the OP stated that SHE is ordered over 100% of his income, not her get 65% and the other standard deductions people have are eating up his other 35% she said that she is ordered over 100% so what is this man expected to live on? Some one is NOT following proper procedures here. There are laws that are in place to protect people from these types of situations and this man has been severely screwed over. Now whether or not he deserved it I am not going to debate because I do NOT know all of the details but fact remains that he's paying way more than should be, he has literally NOTHING left!!

I NEVER stated that I ordered over 100% of his income, the JUDGE gave me more than I asked for. I asked for $378 a month. I got double that. I didn't do anything to this man, he did it to himself, I wasn't even the one who wanted to go to court, if we had stayed out of court he could of kept paying $150 a month and living his life of luxury.

 

[Content]

Correct me if I am wrong her but if the judge ordered something on your behalf then in essence "you" are the one who it is ordered for right? So then if the judge ordered him to pay over 100% of his income then that's an order on your behalf, and I said that I wasn't debating whether or not he deserved it I was just questioning the legal aspect of it. Because it's not legally possible to take someone's whole paycheck. Employeer's have guidelines that they are supposed to follow. So basically from what you have said he makes 400 a month (which is a joke, I think welfare pays better than that) but you are ordered over 700 right? So is he racking up arrears each month for about 400? Because that would be assuming your getting 300 of his 400 a month. Because honestly if you can't find a LEGAL job he's working where he has a paycheck, not a job where he's paid cash, then there may not be much you can do. Not unless he owns something that's worth a lot of money that you could possibly put a lein on, and for specifics you are going to have to check with an attorney. And speaking of attorney's you need to seriously question why your attorney didn't do their job and have a time limit put in the order. Thats a mistake on their part and they should adjust the bill accordingly to fix their mistake. But your more than likely screwed becasue as long as he has a "job" then you can't get more than what's there to take.

 

[xKellyx]

Correct me if I am wrong her but if the judge ordered something on your behalf then in essence "you" are the one who it is ordered for right? So then if the judge ordered him to pay over 100% of his income then that's an order on your behalf, and I said that I wasn't debating whether or not he deserved it I was just questioning the legal aspect of it. Because it's not legally possible to take someone's whole paycheck. Employeer's have guidelines that they are supposed to follow. So basically from what you have said he makes 400 a month (which is a joke, I think welfare pays better than that) but you are ordered over 700 right? So is he racking up arrears each month for about 400? Because that would be assuming your getting 300 of his 400 a month. Because honestly if you can't find a LEGAL job he's working where he has a paycheck, not a job where he's paid cash, then there may not be much you can do. Not unless he owns something that's worth a lot of money that you could possibly put a lein on, and for specifics you are going to have to check with an attorney. And speaking of attorney's you need to seriously question why your attorney didn't do their job and have a time limit put in the order. Thats a mistake on their part and they should adjust the bill accordingly to fix their mistake. But your more than likely screwed becasue as long as he has a "job" then you can't get more than what's there to take.

Again you have not read the posts....


I am not garnishing his wages and he pays the full amount of support every month. He OWNS a 1/2 million dollar home with his wife. I have no liens on their home...EVERYTHING IS BEING PAID.....the arreages I got were for before he got married, and the judge said he should of been paying me more than he was.


I give up, this can't even be explained to you. SEVERAL posters have tried and you are the biggest moron on this site.



the question wasn't about arrearages or garnishments or anything. He owes me 1, 721.20 for uninsured medical expenses and he has 30 days to pay me....His wife makes 25,000 a month and I'm sure he isn't going to have a problem paying it. END OF THIS IDIOTIC TALE.

 

[Content]

Then if you know how long he has to pay then why were you asking how long?

 

[xKellyx]

because i didn't know when I originally posted the question, i've found out since then

why are you still relpying to my thread after I've asked you not to?