notice of withholding....

[wallyworld]

Court agreed order entered April 25, 2005.   She filed for the mod of child support in Oct.  So there was an arrearage that dated back to Oct of 595.32.  I paid it in full last week through my local court house's child support department.  They sent me through the mail a receipt of the payment specifying that it WAs for the arrearage.  Although, the lady did NOT want to take it.  She told me to send it directly to my ex.  UHHH, I DON"T think so!

It was sent out Wednesday.  My ex says she hasn't received it yet.  I am not worried as I have the receipt from the child support people.

The court order states  
AGREED ORDER

"2. the father and mother though their attorneys have stipoulated and agreed to all terms and conditions herof, and request the court, without further notice to either party, to enter this order.

C. " effictive oct 15, 2004 my obligation for the paymeht of child support is set at 136., bi weekly.  A notice of withholding shall be issued to secure the payment of such support."  

D. As a result of the retro. of this order, there existes an arrearage in the payment of child slupport through Mar 21, 2005, of 924.00

F.  Father is entitled to and shall be given a credit against this arrearage of 328.68 for medical expenses incurred by the parties child and paid by father and for mom was obligated to pay (HENCE 595.32 arrearage amount)

F.  The remaining arrearage shall be paid at the rate of 27.00 bi weekly if not paid in full within 60 days of this order.


This order does NOT have either mine or my ex's signiture only the judges.  Then on the last page it says approved to its form and content which is followed by both of our attorneys signatures.

There is a typo in the above.  I did the math the arreareage of 924.00 is through april 21 NOT march 21.  

 My employer, Wal-mart, has an online way to see what my next paycheck amount will be (onlline paystubs).  I just checked and low and behold it is the same amount.  The extra 66.00 per pay period for the increase of child support was NOT taken out.

1.  Will the receipt from the child support people at my local court be enough evidence that I did indeed pay the arrearage to her if by some chance she claims to not have received it?

2.  What is the difference between and "notice of withholding" and an "income deduction order".  

3.  How long does it usually take before they start withholding the new amount from my check.  As it has been almost 3 weeks since the new order was entered.

4.  Where do I pay the difference?  Do I pay it to the court or will they take  it out of my check when they finally do start withholding (I do not want to pay her twice and never see the money again)

5.  Since there was a typo you suggested earlier not either not mention any thing to her or to have her sign something saying that the correct date was april not march (yah right, her sign anything which means less money for her).  Well obviously, I kow she will not sign   SO I am not mentioning anything.  I know she won't know the difference.  BUT will the child support agency automatically take it out anyway or does someone have to request them to?  (the court order states retro through march But the court order wasn't entered until April)

  I did not get to look at the order before it was entered.  My attorney all of a sudden sent the order in the mail with no notification that the settlement was done.  I would have found the above mentioned typo it I was.  

1.  If #5 is yes that the courts will auto. take out "payment" for march-april because I didn't get to see the agreement our lawyers were obvisouly fed up that my ex kept pro longing everything that they added the stip that said neither party had to be notified before it was entered.

[socrateaser]

>1.  Will the receipt from the child support people at my local
>court be enough evidence that I did indeed pay the arrearage
>to her if by some chance she claims to not have received it?

It will be evidence that you paid, but not evidence that she received. So, if she brings you to court, then you can ask the court to join the local child support agency so that the matter can be resolved.

>
>2.  What is the difference between and "notice of withholding"
>and an "income deduction order".  

The order tells the employer to withhold. The notice tells you that the employer is withholding, and starts the clock ticking on your right to file a motion to quash, assuming that you have grounds, i.e., the withholding is not correct per the order.

>
>3.  How long does it usually take before they start
>withholding the new amount from my check.  As it has been
>almost 3 weeks since the new order was entered.

Nothing will happen until someone serves the withholding order on your employer. If this never happens, your employer will never withhold.

>
>4.  Where do I pay the difference?  Do I pay it to the court
>or will they take  it out of my check when they finally do
>start withholding (I do not want to pay her twice and never
>see the money again)

Your employer will withhold whatever the withholding order instructs. You need to look at the order as soon as possible, and before you pay your ex.

>
>5.  Since there was a typo you suggested earlier not either
>not mention any thing to her or to have her sign something
>saying that the correct date was april not march (yah right,
>her sign anything which means less money for her).  Well
>obviously, I kow she will not sign   SO I am not mentioning
>anything.  I know she won't know the difference.  BUT will the
>child support agency automatically take it out anyway or does
>someone have to request them to?  (the court order states
>retro through march But the court order wasn't entered until
>April)

I don't know what the child support agency will do. You can either ask them, file a motion for a nunc pro tunc (fix it) order, or wait and see.

>1.  If #5 is yes that the courts will auto. take out "payment"
>for march-april because I didn't get to see the agreement our
>lawyers were obvisouly fed up that my ex kept pro longing
>everything that they added the stip that said neither party
>had to be notified before it was entered.

This isn't a question, so I have no answer.

[awakenlynn]

My husband's order is similar in IL.  He has a withholding order which is paid to SDU, any monies I pay above that, I pay to the circuit clerk with a note that they notify SDU of the payment and I mail a note to SDU to make note of the payment and update the receipt of payment and both agencies must send me a copy of the updated receipt.

Due to last screw-up between the agencies, they were court ordered to work together and keep each other updated.  At one time there was a $4000 discrepency.  Now it has been fixed and sits around $1000 with arrears being paid weekly.