Dear Soc,
I live in Georgia. I have 2 separate income deduction orders against me - one was a private order during a divorce the other is through CSE by default.
I have 2 kids - a son with my current wife and a girl with my X. When I was younger the CSE sent me a paper to go to court. I never rec'd and thus was ordered to pay for a child that we later determined through testing that is not mine - this is the CSE IDO.
In Georgia we use the guideline system thus my XW receives 24.5% of my gross wages. I have no problem w/ this as I want to support my daughter.
The company where I work has recently received the second IDO from
CSE. The payroll clerk has since reduced, by over half, the amount my daughter is getting in order to comply w/ the CS IDO - and the child is not even mine
Iam aware I have to pay CS due to default, but I would atleast like my daughter to get the total amount that the court ordered in the D (24.5%) and then let the other child have the difference in what Ga guidelines use for example 28% - 24.5%.
The payroll clerk stated she was reducing the IDO for XW as she felt the CSE's IDO was more important as it came from a state agency.
1. Is it legal for them to not comply with the first IDO in an effort to satisfy the second IDO?
2. If not, what can I do to see that my employer satisfies the IDO for my daughter first? Thanks.
>1. Is it legal for them to not comply with the first IDO in
>an effort to satisfy the second IDO?
Yes, they must apportion the garnishments equally.
>
>2. If not, what can I do to see that my employer satisfies
>the IDO for my daughter first? Thanks.
I don't know enough about your case. Others have tried and failed to overcome this utterly nonsensical situation of being ordered to pay support for a child not theirs, after not receiving notice.
I think I could make a case that this represents a private taking prohibited by the 5th Amendment, but, it's probably been so long since the CSE order was made that it would be impossible to have it set aside now.
Dear Soc,
I live in Georgia. I have 2 separate income deduction orders against me - one was a private order during a divorce the other is through CSE by default.
I have 2 kids - a son with my current wife and a girl with my X. When I was younger the CSE sent me a paper to go to court. I never rec'd and thus was ordered to pay for a child that we later determined through testing that is not mine - this is the CSE IDO.
In Georgia we use the guideline system thus my XW receives 24.5% of my gross wages. I have no problem w/ this as I want to support my daughter.
The company where I work has recently received the second IDO from
CSE. The payroll clerk has since reduced, by over half, the amount my daughter is getting in order to comply w/ the CS IDO - and the child is not even mine
Iam aware I have to pay CS due to default, but I would atleast like my daughter to get the total amount that the court ordered in the D (24.5%) and then let the other child have the difference in what Ga guidelines use for example 28% - 24.5%.
The payroll clerk stated she was reducing the IDO for XW as she felt the CSE's IDO was more important as it came from a state agency.
1. Is it legal for them to not comply with the first IDO in an effort to satisfy the second IDO?
2. If not, what can I do to see that my employer satisfies the IDO for my daughter first? Thanks.
>1. Is it legal for them to not comply with the first IDO in
>an effort to satisfy the second IDO?
Yes, they must apportion the garnishments equally.
>
>2. If not, what can I do to see that my employer satisfies
>the IDO for my daughter first? Thanks.
I don't know enough about your case. Others have tried and failed to overcome this utterly nonsensical situation of being ordered to pay support for a child not theirs, after not receiving notice.
I think I could make a case that this represents a private taking prohibited by the 5th Amendment, but, it's probably been so long since the CSE order was made that it would be impossible to have it set aside now.