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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Garnishing pension?
Deleting just in case
Thanks all!
Message edited 1/12/2017 10:53:01 AM.
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Posted 1/11/17 10:51 PM  |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: Garnishing pension?
He should contact an attorney who is licensed in all three jurisdictions to give him individual advice, but barring any other info it looks like 65% would be the maximum. There are differences in NY v NJ/Fl laws and even differences for disability. He needs his own attorney who can investigate this on his behalf. I am also surprised that the HR administrator is not aware of federal CCAP maximums. Are they taking out arrears? Does he also get social security? There are a lot of factors that he needs an individual attorney who is able to look into the matter on his behalf can answer. It could be a clerical error or he could get multiple payments a month. Can pensions be garnished, short answer is, yes they can.
Message edited 1/11/2017 11:28:38 PM.
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| Posted 1/11/17 11:24 PM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Garnishing pension?
Thank you. Yes, they are taking out arrears and he is not receiving social security for another few years. He is 58. It's such a bad situation...he truthfully can't afford an attorney but he is going to have to find a way to.
Eta: his first ex wife, who he also owes even more back child support to, is already entitled to about 40% of his pension. Is this why they were able to take so much for ex wife #2?
Message edited 1/12/2017 6:15:26 AM.
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| Posted 1/12/17 6:13 AM |
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jlm2008
LIF Adult
Member since 1/10 5092 total posts
Name:
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Garnishing pension?
Guess he should've paid his child support then.
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| Posted 1/12/17 8:06 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: Garnishing pension?
He needs an attorney to look things over and give him individual advice. But he did this two two people who can each get 65%. It may not be a mistake then. It may be that he needs to get a part time job or he should not have retired in the first place. But if he owes arrears that is his own problem that he made. He likely would not be in that position had he paid on time.
Message edited 1/12/2017 8:58:57 AM.
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| Posted 1/12/17 8:57 AM |
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Hopefulmama
LIF Adult
Member since 4/14 1014 total posts
Name:
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Re: Garnishing pension?
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
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| Posted 1/12/17 9:08 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
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| Posted 1/12/17 9:10 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Garnishing pension?
He should probably get a vasectomy at this point.
He can't afford to keep having kids!
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| Posted 1/12/17 9:12 AM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: Garnishing pension?
Good!
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| Posted 1/12/17 9:16 AM |
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Eunyboo
<3
Member since 7/12 4376 total posts
Name:
E
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Re: Garnishing pension?
Does he have any other form of income? I know when I used to process tax levies, we used to take into account all income that came through.
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| Posted 1/12/17 9:35 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by NervousNell
He should probably get a vasectomy at this point.
He can't afford to keep having kids!
I totally agree. What's sickening to me is his 2nd ex wife convinced him not to pay child support to his first ex wife when they first got together. She is quite the and yes, they were his children and his responsibility. I don't care if he sees a $, but I hope the money goes to ex #1.
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| Posted 1/12/17 9:37 AM |
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Re: Garnishing pension?
Posted by JoesWife628
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
No offense, but child support is decided by a formula by the court, so obviously the amount the second wife receives was determined using this formula and a judge approved it.
My ex husband loathes paying me child support (and didn't for exactly two years until it was garnished from his pay check) because he believes I make more money, my SO makes money and my parents help me out. That's what it looks like to him, none of that is true. So I am just pointing out that just because the second wife does certain things doesn't mean she shouldn't get her child support or she doesn't 'need' it.
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| Posted 1/12/17 10:02 AM |
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2BadSoSad
LIF Adult
Member since 8/12 6791 total posts
Name:
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Re: Garnishing pension?
Posted by jlm2008
Guess he should've paid his child support then.
Yeah, kind of my thoughts too. Oh well, made your bed and now you have to lie in it.
Whether she "needs" the money or not, she is entitled to it, she shouldn't have to bear the entire financial burden for THEIR children just bc she can afford it.
he should just go back to work. Why did he retire if he couldn't even pay his Child Support?
Message edited 1/12/2017 10:05:52 AM.
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| Posted 1/12/17 10:05 AM |
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Hopefulmama
LIF Adult
Member since 4/14 1014 total posts
Name:
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Re: Garnishing pension?
Posted by Straightarrow
Posted by JoesWife628
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
No offense, but child support is decided by a formula by the court, so obviously the amount the second wife receives was determined using this formula and a judge
approved it.
My ex husband loathes paying me child support (and didn't for exactly two years until it was garnished from his pay check) because he believes I make more money, my SO makes money and my parents help me out. That's what it looks like to him, none of that is true. So I am just pointing out that just because the second wife does certain things doesn't mean she shouldn't get her child support or she doesn't 'need' it.
This exactly. It doesn't matter where his wife vacations, he has a legal and moral responsibility to pay child support to his children. It's not for you to determine which wife is more "deserving." I know you don't mean any harm, but I actually find that logic sickening. He brought children into this world and he is responsible to support them.
Message edited 1/12/2017 10:13:32 AM.
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| Posted 1/12/17 10:12 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by 2BadSoSad
Posted by jlm2008
Guess he should've paid his child support then.
Yeah, kind of my thoughts too. Oh well, made your bed and now you have to lie in it.
Whether she "needs" the money or not, she is entitled to it, she shouldn't have to bear the entire financial burden for THEIR children just bc she can afford it.
he should just go back to work. Why did he retire if he couldn't even pay his Child Support?
He does work. He is paying her child support just not the full amount bc he cant. He gives her 50% of his income. Took his pension bc he needed the money.
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| Posted 1/12/17 10:14 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by Straightarrow
Posted by JoesWife628
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
No offense, but child support is decided by a formula by the court, so obviously the amount the second wife receives was determined using this formula and a judge approved it.
My ex husband loathes paying me child support (and didn't for exactly two years until it was garnished from his pay check) because he believes I make more money, my SO makes money and my parents help me out. That's what it looks like to him, none of that is true. So I am just pointing out that just because the second wife does certain things doesn't mean she shouldn't get her child support or she doesn't 'need' it.
wife #2 came into a SUBSTANTIAL amount of money after the divorce. I'm not saying she deserves nothing but wife #1 should get money too.
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| Posted 1/12/17 10:16 AM |
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Re: Garnishing pension?
Posted by JoesWife628
Posted by 2BadSoSad
Posted by jlm2008
Guess he should've paid his child support then.
Yeah, kind of my thoughts too. Oh well, made your bed and now you have to lie in it.
Whether she "needs" the money or not, she is entitled to it, she shouldn't have to bear the entire financial burden for THEIR children just bc she can afford it.
he should just go back to work. Why did he retire if he couldn't even pay his Child Support?
He does work. He is paying her child support just not the full amount bc he cant. He gives her 50% of his income. Took his pension bc he needed the money.
A judge ordered him to pay her 50% of his income?
Something doesn't add up. How many kids does he have?
a)17% of the combined parental income for one child;
b)25% of the combined parental income for two children;
c)29% of the combined parental income for three children;
d)31% of the combined parental income for four children; and
e)no less than 35% of the combined parental income for five or more children.
Is what it is, so Idk why he is paying her that much
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| Posted 1/12/17 10:16 AM |
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NervousNell
Just another chapter in life..
Member since 11/09 54921 total posts
Name:
..being a mommy and being a wife!
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Re: Garnishing pension?
Posted by Straightarrow
Posted by JoesWife628
Posted by 2BadSoSad
Posted by jlm2008
Guess he should've paid his child support then.
Yeah, kind of my thoughts too. Oh well, made your bed and now you have to lie in it.
Whether she "needs" the money or not, she is entitled to it, she shouldn't have to bear the entire financial burden for THEIR children just bc she can afford it.
he should just go back to work. Why did he retire if he couldn't even pay his Child Support?
He does work. He is paying her child support just not the full amount bc he cant. He gives her 50% of his income. Took his pension bc he needed the money.
A judge ordered him to pay her 50% of his income?
Something doesn't add up. How many kids does he have?
a)17% of the combined parental income for one child;
b)25% of the combined parental income for two children;
c)29% of the combined parental income for three children;
d)31% of the combined parental income for four children; and
e)no less than 35% of the combined parental income for five or more children.
Is what it is, so Idk why he is paying her that much
Maybe it's because those percentages are based on your GROSS income? Is that how it works?
So at the end of the day, after taxes, maybe he walks away with half?
I'm not sure but I thought that is how it worked?
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| Posted 1/12/17 10:20 AM |
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Hopefulmama
LIF Adult
Member since 4/14 1014 total posts
Name:
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Re: Garnishing pension?
Posted by JoesWife628
Posted by Straightarrow
Posted by JoesWife628
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
No offense, but child support is decided by a formula by the court, so obviously the amount the second wife receives was determined using this formula and a judge approved it.
My ex husband loathes paying me child support (and didn't for exactly two years until it was garnished from his pay check) because he believes I make more money, my SO makes money and my parents help me out. That's what it looks like to him, none of that is true. So I am just pointing out that just because the second wife does certain things doesn't mean she shouldn't get her child support or she doesn't 'need' it.
wife #2 came into a SUBSTANTIAL amount of money after the divorce. I'm not saying she deserves nothing but wife #1 should get money too.
Child support is for his CHILDREN not his wife. Sorry but you don't get to make a value judgement that children from his first wife are more deserving because you like her better. If you are talking about spousal maintenance then that's a different story.
Message edited 1/12/2017 10:23:40 AM.
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| Posted 1/12/17 10:20 AM |
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Re: Garnishing pension?
Posted by NervousNell
Posted by Straightarrow
Posted by JoesWife628
Posted by 2BadSoSad
Posted by jlm2008
Guess he should've paid his child support then.
Yeah, kind of my thoughts too. Oh well, made your bed and now you have to lie in it.
Whether she "needs" the money or not, she is entitled to it, she shouldn't have to bear the entire financial burden for THEIR children just bc she can afford it.
he should just go back to work. Why did he retire if he couldn't even pay his Child Support?
He does work. He is paying her child support just not the full amount bc he cant. He gives her 50% of his income. Took his pension bc he needed the money.
A judge ordered him to pay her 50% of his income?
Something doesn't add up. How many kids does he have?
a)17% of the combined parental income for one child;
b)25% of the combined parental income for two children;
c)29% of the combined parental income for three children;
d)31% of the combined parental income for four children; and
e)no less than 35% of the combined parental income for five or more children.
Is what it is, so Idk why he is paying her that much
Maybe it's because those percentages are based on your GROSS income? Is that how it works?
So at the end of the day, after taxes, maybe he walks away with half?
I'm not sure but I thought that is how it worked?
Still not the ex wife's problem. My ex claims the same thing because he has several levies and takes his pension loan every year, soooo...
I get it, my SO pays child support too, but it's for his CHILD, yeah, it's a lot of money but that's what he has to pay based on the formula and both their incomes.
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| Posted 1/12/17 10:24 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by Hopefulmama
Posted by JoesWife628
Posted by Straightarrow
Posted by JoesWife628
Posted by Hopefulmama
Posted by jlm2008
Guess he should've paid his child support then.
Yes as someone going through this right now...my children and I could not live if my ex just decided to pay half of his child support.
I totally agree with this. I'm actually hoping his first wife is entitled to the money over the 2nd wife. The 2nd wife is financially set and vacations in Europe for a month each summer. Yes, she is entitled to child support, too, but definitely doesn't need it. The first wife is still working three jobs and struggles financially.
No offense, but child support is decided by a formula by the court, so obviously the amount the second wife receives was determined using this formula and a judge approved it.
My ex husband loathes paying me child support (and didn't for exactly two years until it was garnished from his pay check) because he believes I make more money, my SO makes money and my parents help me out. That's what it looks like to him, none of that is true. So I am just pointing out that just because the second wife does certain things doesn't mean she shouldn't get her child support or she doesn't 'need' it.
wife #2 came into a SUBSTANTIAL amount of money after the divorce. I'm not saying she deserves nothing but wife #1 should get money too.
Child support is for his CHILDREN not his wife. Sorry but you don't get to make a value judgement that children from his first wife are more deserving because you like her better. If you are talking about spousal maintenance then that's a different story.
It's not an issue who I like better. I'm actually friendlier with wife #2. There are a few reasons and situations why I feel the way I do that I can't explain here, but it's all irrelevant. Here's to hoping this all gets sorted out. Thanks for your help and input all! I appreciate it.
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| Posted 1/12/17 10:28 AM |
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mrsrainbow
LIF Adult
Member since 1/17 1465 total posts
Name:
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Re: Garnishing pension?
I think what everyone else is trying to say is that it doesn't matter what your opinion is of either wife or what they do or who you like. He had children, he owes child support, end of story. Yes they can garnish it. Yes he should get a lawyer and try to sort it out. It sucks if they take his entire pension but he should have worked on his CS before doing so without knowing what would have happened.
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| Posted 1/12/17 10:36 AM |
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JoesWife628
Our family is complete :)
Member since 8/08 3934 total posts
Name:
Me
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Re: Garnishing pension?
Posted by mrsrainbow
I think what everyone else is trying to say is that it doesn't matter what your opinion is of either wife or what they do or who you like. He had children, he owes child support, end of story. Yes they can garnish it. Yes he should get a lawyer and try to sort it out. It sucks if they take his entire pension but he should have worked on his CS before doing so without knowing what would have happened.
I don't care if they take every penny. Fact is he owes wife number 1 quadruple what he owes wife #2. Wife #2 can afford a lawyer, wife #1 cannot. I hope wife #1 can find her way to a portion of what she deserves. If wife #2 gets money, fine too.
Message edited 1/12/2017 10:41:39 AM.
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| Posted 1/12/17 10:39 AM |
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Re: Garnishing pension?
Posted by JoesWife628
Posted by mrsrainbow
I think what everyone else is trying to say is that it doesn't matter what your opinion is of either wife or what they do or who you like. He had children, he owes child support, end of story. Yes they can garnish it. Yes he should get a lawyer and try to sort it out. It sucks if they take his entire pension but he should have worked on his CS before doing so without knowing what would have happened.
I don't care if they take every penny. Fact is he owes wife number 1 quadruple what he owes wife #2. Wife #2 can afford a lawyer, wife #1 cannot. I hope wife #1 can find her way to a portion of what she deserves. If wife #2 gets money, fine too.
if she has an order, which I am assuming she does, she should take it to the child support office and she can garnish his pension/wages as well.
I had to take mine to the office in Manhattan to get it taken care of
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| Posted 1/12/17 11:00 AM |
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