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Change in Child Support and Auto Withdrawal -HR help needed!
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rkoenke
my little piggys
Member since 3/08 4315 total posts
Name:
rachel
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Change in Child Support and Auto Withdrawal -HR help needed!
Hey there!
A friend has two withdrawals from family court for both his "baby mommas" (I always think of that hilarious movie!)...
Since May, the payroll company has been withdrawing different amounts each week (based on his hourly pay) instead of the family court documentation of a set amount per week.
Now, what's strange is that one woman receives a constant number (set forth by family court), another woman is getting the fluctuating amount.
Payroll company says "by law we have to withdraw a percentage" basically overriding what was set in family court.
What's going on? Was there a "law" that was put in place that overrules family court??????
Thanks for any advice you can offer.
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Posted 12/10/15 10:03 AM  |
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jams92
Member since 1/12 6105 total posts
Name:
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Re: Change in Child Support and Auto Withdrawal -HR help needed!
There is a law stating how much child support gets deducted (it is a percent of salary)....however I do not think that it overrides the courts decision. They should speak to their lawyer and also sent a copy of the courts decision to the payroll company so they can deduct the proper amount
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| Posted 12/10/15 10:12 AM |
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jm2010
LIF Infant
Member since 8/10 241 total posts
Name:
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Re: Change in Child Support and Auto Withdrawal -HR help needed!
As an employer, the order will specify a maximum percentage of the disposable income that can be withheld (I think it's 10%). If the calculated % of disposable income exceeds the ordered amount, then only the ordered amount (lesser amount) will be deducted. If the ordered amount exceeds the calculated % deduction, then only the % deduction will be withheld. If there are two orders, the two orders combined cannot exceed this % calculation. So, it's likely that the first order is being complied with in full and the second order is receiving the difference between the % calculation and the first order amount.
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| Posted 12/10/15 10:31 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: Change in Child Support and Auto Withdrawal -HR help needed!
Posted by jm2010
As an employer, the order will specify a maximum percentage of the disposable income that can be withheld (I think it's 10%). If the calculated % of disposable income exceeds the ordered amount, then only the ordered amount (lesser amount) will be deducted. If the ordered amount exceeds the calculated % deduction, then only the % deduction will be withheld. If there are two orders, the two orders combined cannot exceed this % calculation. So, it's likely that the first order is being complied with in full and the second order is receiving the difference between the % calculation and the first order amount.
this is correct. The first child from the first mom will get paid in full. The second child will only receive a percentage unless your friend makes enough to cover both child support awards. So there is a maximum percentage amount that can be removed from his paycheck.
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| Posted 12/10/15 4:04 PM |
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rkoenke
my little piggys
Member since 3/08 4315 total posts
Name:
rachel
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Re: Change in Child Support and Auto Withdrawal -HR help needed!
THanks guys!
I think the payroll company made a MAJOR snafu here by deciding how much to remove...
we are working on it.
THANKS SO MUCH!
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| Posted 12/10/15 4:27 PM |
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