Sudden Arrears!

[Wi-Mom]

My fiance has been paying child support for 10 years. His company had been ordered by the court to garnish 25% of his gross (for his first liability), which has been done with every paycheck.

 Last week he got a notice in the mail that someone from WI child support added the amount of his gross pay in 2000,2001 & 2002, and compared 25% with the amount that he'd payed and found a $1900.00 discrepancy.

They are going to garnish his pay for it. Now, he's got custody of his son,(which he didn't during those years), still pays an offset amount for his daughter who lives with his ex, plus 17% for 2nd liability, and this garnishment is going to severely affect his ability to take care of his son.

His paycheck stubs only show the lump sum of two garnishments, One 25% of gross, and another 17% for 2nd liability (a child from a different county) and he can't determine which mother was distributed what.

He's working on getting all the records from payroll, but only has 20 days to respond.

1. How does he go about making sure what they'd determined was accurate?

2. What can he do legally to protect his ability to take care of his son?

[socrateaser]

>1. How does he go about making sure what they'd determined was
>accurate?

Ask for an breakdown from WI CSE. Tell them that if they do not show that you owe extra money, that you will be forced to file a motion to quash the garnishment, until the proof is provided.

Obviously, this solution may be more costly than simply paying the garnishment.

>
>2. What can he do legally to protect his ability to take care
>of his son?

If he can prove that the new garnishment creates a severe hardship, then the court can reduce the back payments, assuming that they are accurate. Otherwise, all you can do is tighten your belt.