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Author Topic: cs is taking 90% of income  (Read 3970 times)

shawn4kids

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cs is taking 90% of income
« on: Sep 15, 2004, 09:23:53 PM »
I am a father of 4 kids ages 15,14,8,7 by three different women.I have been paying my child support for 15 years and scence I was 15.my child support is out of ohio I now live in ca and every time I turn around thay keep raiseing my support.I only make ten dollers an hour and with over time I make maybe at the most 20thousand a year I just had a modification hearing and my child support  doubled I went from paying half my income witch is 800. a mo to child support . I make 1600 a mo with over time. thay now are going to start taking a little over 1500 a mo.thats all i make.thay will start taking this in 2 weeks.Im lost I DONT KNOW WHAT TO DO. I called child support and ask why this is thay said becouse i have three cases each one got the max amout of money for my income and thay dont consider the othere cases each case is looked at sepritly even though thay know I pay for the othere children thay do not count that.I cant live I marred 4 years ago and i dont know how im going to tell my wife and my 3 step kids we are going to be homeless...


heather2662

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RE: cs is taking 90% of income
« Reply #1 on: Sep 16, 2004, 07:04:55 AM »
What State Are You In???

Start looking into Free Legal clinics in your area ASAP. Also any Laywers in you area that may take your "prepared letter form" plea for free or discounted advice, counsel, or representation. Look up the websites for the Law Universities in your state, they may have Legal help clinics. Search the Web for local and state sites. You'll have to weed through a lot of crap that is out there but the result can be worth it. Also what about your job? Do you have benifits? What about Med and legal advise through those "stress hotline care networks" some companys have?

Good Luck.

Mark and Heather

rini

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RE:wow???
« Reply #2 on: Sep 16, 2004, 07:11:49 AM »
hi i was under the impression that an employer could only take 60 % from your check under some federal statute


post this on socrateasers board and make sure you follow his guidelines for posting.

rini

KAT

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RE:wow???
« Reply #3 on: Sep 16, 2004, 01:45:49 PM »
Under Federal garnishment laws, your employer can only deduct 50% if married or 55% if you are in arrears. You need to let them know the law. This however doesn't stop you from owing it & building up arrears.

What state(s) is/are doing the child support calculations?

KAT

shawn4kids

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RE: cs is taking 90% of income
« Reply #4 on: Sep 16, 2004, 06:24:22 PM »
I am in california and my case is out of richland county ohio.


VeronicaGia

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RE: cs is taking 90% of income
« Reply #5 on: Sep 20, 2004, 11:22:23 AM »
Did you attend the modification hearing or hire an attorney to represent you?  If not, you lost by default, and that is how this happened.  

shawn4kids

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RE: cs is taking 90% of income
« Reply #6 on: Sep 20, 2004, 07:48:28 PM »
I did not get a attorney.Thay sent me some papers to fill out about what I make it wasent in court or anything just a case worker at child support.The mothers of my children were not there and know one was told thay need to be.I have requested a phone hearing and sent in the paper work for that.I cant pay for an attorney I dont have the money for one.I have talked to my work and thay have like a hotline you can call and you can get advice from an attorney but there not fimiler with ohio law.I guess at this time all I can do is pray.....

annas mom

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RE: cs is taking 90% of income
« Reply #7 on: Sep 21, 2004, 08:08:46 AM »
Whoa...I've never heard of such. I don't know about Ohio law, but I would quickly find someone who does. My child's father has 3 children, the youngest  of which is mine. On our CS worksheet, he gets automatic deductions for the CS he pays for the older 2 before they even figure what he is supposed to pay for our child.

Check to see if OH has a 'Self-Support Reserve' clause in their child support guidelines. In NC, if the NCP adjusted gross income is below 800.00, they are ordered a minimum 50.00/month. If the adjusted gross income is between 800.00 and 1200.00, they compute support based solely on the obligator's income and not on the combination of the obligator's and the CP's.

Hope this helps! Best of luck to you!!

purrrfectgirl

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RE: cs is taking 90% of income
« Reply #8 on: Sep 21, 2004, 10:29:48 AM »
I'm from Ohio, and I know the law pretty well.  The other thing I know well, is that unless you shove the law in the face of the family courts and the CSEA they will do whatever they want without any regard to the people(s) they hurt.

Fact: In Ohio, there are spaces in the worksheet to get credit for previous CS orders.  The second order should subtract your first order from your gross income when figuring you income, and the thrird order should subtract the first two orders.

Fact: Your employer can garnish 50% of your income, no more.  Those are federal limits and no matter how bad Ohio CSEA wants more, they can't force you to take it.  But you will still get in arrearages which can later cause loss of liscence, account seizures and jail-time.  You will have money to live on.

My advice: You need to study the law a little (search Ohio Revised Code on google and read the statues about CS).  Know your rights when you go up against the CSEA.  You have 14 days to appeal an order after it's put in place.  DO it, if you're still in those 14 days.  If not file for re-evaluation IMMEDIATELY.  Thanks to the Bradley bill arrearages cannot be wiped, but if the case is open the order can be retro-active to the date the when the modification was asked for.  Most lawyers will provide free legal advise.  I would advise calling an Ohio attorney and just ask for advice about your situation.  It will require a long distance call, but it will be a lot cheaper than getting screwed in three difference CS cases!

Best of luck to you.  DH did CS modification pro se so I'm pretty familiar with the law, let me know if you have any questions about it.

Peanutsdad

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RE: cs is taking 90% of income
« Reply #9 on: Sep 21, 2004, 03:08:59 PM »
>I did not get a attorney.Thay sent me some papers to fill out
>about what I make it wasent in court or anything just a case
>worker at child support.The mothers of my children were not
>there and know one was told thay need to be.I have requested a
>phone hearing and sent in the paper work for that.I cant pay
>for an attorney I dont have the money for one.I have talked to
>my work and thay have like a hotline you can call and you can
>get advice from an attorney but there not fimiler with ohio
>law.I guess at this time all I can do is pray.....



Prayer will not get you out of this,, only self education and determination is going to help you.

1. Take control of your life now. Educate yourself as to what can and canot be legally done concerning your money.


2. Get off the damn pitypot and file an appeal NOW.  Otherwise, you'll continue to pay an illegal amount AND get held on the arrearages for it. No one will look out for your interests, except you.


3. Keep it in your pants from now on, you cant afford anymore child support.

 

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