PA. code and math help please

[I cry_ in_the_dark]

Here is the PA. code:

(B) 3.  What portion of the noncustodial parent's wages will be withheld?

The Consumer Credit Protection Act determines the maximum amount of an individual's net income that is subject to garnishment. These limits are 50 percent for a noncustodial parent who is the head of a second household and 60 percent for a noncustodial parent who is not supporting a second family. These percentages may be increased five percent for payment on arrears owed when the noncustodial parent is behind on support payments 12 weeks or more.

First, it says 5% may be added for arrears. My child support payout is $320 a month.
1.)  Would this mean that $16.00 should be ordered on arrears? (The current order is $30.00 on arrears.)

Second, I am NOT 12 weeks or more in arrears, nor was I at the time of the order.
2.) Should they be garnishing me for arrears at all?

Thanks Soc!

[socrateaser]

>Here is the PA. code:
>
>(B) 3.  What portion of the noncustodial parent's wages will
>be withheld?
>
>The Consumer Credit Protection Act determines the maximum
>amount of an individual's net income that is subject to
>garnishment. These limits are 50 percent for a noncustodial
>parent who is the head of a second household and 60 percent
>for a noncustodial parent who is not supporting a second
>family. These percentages may be increased five percent for
>payment on arrears owed when the noncustodial parent is behind
>on support payments 12 weeks or more.
>
>First, it says 5% may be added for arrears. My child support
>payout is $320 a month.

>1.)  Would this mean that $16.00 should be ordered on arrears?
>(The current order is $30.00 on arrears.)
>

It's 5% of your disposable net income, not 5% of your support obligation -- and, since I don't know your income, I can't answer you.


>Second, I am NOT 12 weeks or more in arrears, nor was I at the
>time of the order.
>2.) Should they be garnishing me for arrears at all?

You can be garnished for current support AND arrears as long as the TOTAL amount of the garnishment, for whatever purpose ordered, does not exceed 50% of your net disposable income, except that if you are not supporting a second family, then 60%, except that if you are in arrears more than 12 weeks, then %65.

And, this is only the garnishment restriction. You can be ordered to pay support in ANY amount -- you just can't be garnished to satisfy any amount beyond the above-described percentages.

[I cry_ in_the_dark]

Thanks Soc, you answered what I needed to know so there's no need to post figures for you.

I will put it this way tho...
3.  Computed Minimum Allowance in Low-Income Cases. The amended rules incorporate a Computed Allowance Minimum (CAM) into the support guidelines so that low-income obligors retain sufficient income to meet their basic needs and to maintain the incentive to continue working so that support can be paid. The CAM is built into the schedule in Rule 1910.16-3 and adjusts the basic support obligation to prevent obligor's net income from falling below $550 per month. Since the schedule reflects amounts of child support only, Rule 1910.16-2(e)(1)(B) provides for a similar adjustment in spousal support and APL cases so that the obligor retains at least $550 per month in these cases as well.

My 2 paychecks in February were $217 and $240, so I think that pretty well tells you how much I make, and that I was correct in appealing the original order. I'll find out next week at my appeal hearing.

I hope like the devil that PA. gets Recommendation 67 passed REAL soon!