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Can't follow the order

NotThatTypical's picture

And this time it's not BM. I'm starting to get really pissed at SO's work. He has a court order for child support to be garnished from his check yet they still screw up. Months of no issues then this week they send some random amount completely different from what is ordered. I can't even figure out how they decide how much to send.

I don't want to give exact amounts but for example his order is say 300 but then there is an additional 50 for back-owed. SO a total of 350 should be withheld and again it's a court ordered garnishment so no issue right? Been doing it correct since September.

Well for some reason last week they sent 63 and change. It's like 18% of what it should be.

He had more than enough for them to take the full amount so it wasn't that and we've had issues in the past where they would take just the 300 or if it's after summer they continue the half payments but then they will randomly send these absurd numbers.

When he can finally get someone from the office on the phone they try to blame the state child support office. The state child support office of course blames his work. Then maybe in a month the correct amount will be garnished again. Till then we have to wait for his paystub to arrive because of course the state website takes a about a week to update and show the incorrect payment. Then we have to go back and pay extra to get the to correct amount all while BM want's to bitch and cry when she doesn't get the full amount at once. It's not our fault.

And of course we pay for the privilage to experience this because BM wanted to lie at the start and claim she wasn't being paid. SO has to pay the state every year and even when his work doesn't mess up the states system screws up tracking what he's paid so in the back owed it will act like he didn't make any payments one month but then when you pull up his payments it shows he made them all on time plus extra.



NotThatTypical's picture

The state doesn't care and legally there's nothing BM can really do. The issue is that he is court ordered to use the states system and there is garnishment order in place. The money gets taken from his check on pay day (Friday) and we don't know if they took the correct amount until atleast Tuesday the next week. Then we have to pay the difference through the state but the system won't let us set it for the same day so it doesn't get paid till Thursday. Then of course because BM doesn't get the full amount at once she throws a fit which is just annoying.

The bigger frustration is that we pay for this headache. Because he has a garnishment order we can't stop them from taking it straight from his check. If they'd do it correctly and take the full amount then ok but when they screw around like its more work. If there were no garnishment he'd make the full payment himself but BM lied at the start and demanded garnishment.

lieutenant_dad's picture

I hate when wage garnishment is COed because of issues like this. You end up with all the responsibility but none of the authority to make changes when naecessary.

DH found out before Christmas that someone, somewhere screwed up and had been taking out the annual fee every month for 6-7 months. He hadn't paid close attention. He discovered it the same time his employer discovered it, and had to wait a month to be reimbursed by the state for the amount.

The thing that irritates me most is that the state knows nearly immediately when DH is behind, but when they get overage amounts? Noone notices, apparently. I'm just glad he got it paid back.

And yes, it sucks paying for the privilege to use a system that you don't have a choice in using. Our state has really pushed to eliminate direct payments between parents, but their system is expensive. Mandatory $50ish per year for garnishment.. If you can't have your wages garnished and have to pay manually through the system, it's something like $10 per transaction. It's nuts.

justmakingthebest's picture

Payroll is one of my work functions. I am sent an order for garnishment- I input that in my system. It holds the money out of the weekly paycheck. I log into the child support system every friday as an employer. The weekly payment amount is in their system for my employees. I click the employee and hit pay. 

That is it. All there is to it. I don't know what his company is doing but it literally doesn't get any more straight forward than this. 

NotThatTypical's picture

Thats what I don't  understand. Its been the correct amount for months and then all the sudden its this off the wall number. I have no clue why someone would put in the effort to screw it up. 

I understand screw up right after summer visitstion but again the off the wall numbers that take months to fix. 

justmakingthebest's picture

Since I do all the accounting for my company- my guess would be they are broke. They thought they could get away with not paying CS out right away and if they pay part of it, it will be ok and can catch up later. 

NotThatTypical's picture

Exept they still paid SO the money. The issue is they changed the amount withheld despite it being a court ordered garnishment. We got the extra so its not like they kept it.

SteppedOut's picture

Is your husband exempt or non-exempt? Did he make less in this pay period in question? Some states do not allow more than a certain percentage of funds to be garnished... so if he made less they wouldn't be able to garnish the whole amount. 

Other than that.... no idea. Has your husband asked?

NotThatTypical's picture

They took less than 10% of his check. They can and have taken up to 60% in the past. They just screwed up again and its annoying. 

tog redux's picture

One good thing I will say about NY Child Support Enforcement is that BM had to pay the fee, not us. She too had her panties in a wad and claimed DH wasn't paying and ended up having it garnished from his pay. It went pretty smoothly though - when he was out of work or changing jobs, he just sent the full amount to CSE directly and they returned overpayments at the end of the year.

It worked so well that DH wanted to have it done again after the last court date, but the magistrate put pay direct in the order since she thought that's what they did (the first order said that).  So he paid directly after that, which was better because it meant we didn't have to go back to court once SS turned 21.  CSE took a while to stop garnishing his pay, though - and they didn't send it to BM right away so there was all kinds of drama and threats of court, which DH ignored and which stopped once BM inevitably got the late payment.

Anyway - have SO tell BM that since it's her fault it's getting garnished anyway, perhaps she should go back to court and request a pay direct order.

thinkthrice's picture

Chef used to get statements saying the paYOR is responsible for the fee aka the NCP.

tog redux's picture

Yeah, BM had to pay the fee, maybe because she initiated the change, the court didn't order it?

advice.only2's picture

I hate the garnishments, DH had to pay one whole month of CS for Spawn right before she turned 18 (she lived with us full time), but the CS office told him to come in and make the payment the first of that month and it would be done.
Cool, so DH paid and then he gets a wage garnishment on his paycheck...they take half the payment, which has already been paid in full! DH goes to CS...oh sorry oopsie our bad. Next paycheck another wage garnishment. DH goes to CS...oopsie our bad. They allegedly fix it. Next paycheck comes (now one month of CS has been paid in full twice) wage garnishment. At that point DH contacted his lawyer who contacted the CS office who sure got their sh*t together really quick after that, the garnishments got dropped and DH got reimbursed his money from the over payments. Not sure if that would help, getting a lawyer involved, but it sure helped us.

Livingoutloud's picture

Is he working for a shady place or a very small one?

My DH paid alimony through garnishing and his work didn't make a single mistake. He switched work places due to relocation to my area and then due to finding better paid position. So two job changes. Still not a single error. The only thing took us awhile when BM died we had to wait for it to go into the system but we got money back. But it wasn't work problem, it was Friends of Court dragging their feet for a few months.

Bottom line your SO seems to always have issues with work places. If it's not one thing, then it's another. He might want to work for larger companies with payroll departments and HR or something. it's aggravating