NCCSE Who is keeping my kids money?


#1

I have contacted every number and talked to countless people between my local support office and the state office. I went as far as calling the Atlanta office that is over this region of the nation. I can get no real answer from the state much less satisfactory from my ex husband. I’m constantly told different answers by different people on all sides to this question:
Where is the support I’m supposed to be getting for my children under the garnishment order?

I’ve been shorted so much for so long it’s been a trade off of my very needed medication, I’m disabled, or caring for my kids. And any real parent can tell you which I’ve chosen. So maybe someone here can answer me this so I can try to find out what avenue to go down. Who is responsible for how much of a check is taken with a garnishment order? Who is responsible for how often it’s to be sent?

My ex started a new job a year ago. It took about 4 or 5 months before the garnishment of the new job to even start. The first month I was shorted just a little. Since it had just started I altered my budget and cut all I could to expect some differences until it leveled out. I was shorted by $23 a month at first. I know to most that doesn’t seem like much but single parent of 3 who became disabled young my SSDI isn’t much at all and I have a lot of expenses due to my health alone. So I cut out my breathing medication my insurance doesn’t cover. Then I was shorted by $235. The next month I was shorted by $138. It managed at one point there was over $400 owed to me. The Asheville office told me “until there is a 5 week month you won’t get the full amount.” Supposedly, when this “5 week month” came around I would get an “extra” payment that would make up all of the arrears. I did finally get an “extra” payment that put him out of arrears but didn’t even touch the amount that was still owed for that month. And nothing for that month was ever received. First Raleigh denied they were taking the amounts shown were. Then I was told that was the most they were allowed to take. $138 of a $1500, after taxes, paycheck. So all he was “responsible for” was two payments of $138 because he’s paid biweekly. He claims he called and tried to pay himself the rest of what he owed a month and was told he couldn’t. One person in Raleigh said he would never be told that. Another said that no, he didn’t need to and couldn’t make a payment on his own because it was garnished from his pay. For the last 3 months all I have gotten period is one payment a month. He showed me a print out he said came from payroll showing where $138 is taken from each. It took a year of fighting with NC to get the review I was legally entitled to, and even my printing out and sending a copy of the statute to the Asheville office, but a review was just done and he’s obligated to pay me over double what the original, almost 6 year old, order was for. To just get it settled and stop getting so upset about it all, one of my medications is for my heart another for panic disorder, when he asked if I would agree to a lesser amount so it wouldn’t have to go to court and issued that way, stalling it, I told him I would. I called the Asheville office and told them what we agreed on and over a week later, according to him, he has heard nothing from child support. He did however say he had talked to a case manager in Asheville about why I’m not getting what he’s paying and was told there is a 3 week delay between time of payment and them processing it. I’m getting way too long winded so I’ll skip all the calls after that but eventually I talked to a supervisor in Raleigh who said there is no delay, there has never been a payment from him that wasn’t immediately sent to me and what I have gotten is all they have gotten from him but more information than that she wasn’t allowed to give me. So…

I thought the purpose of a garnishment order was to ensure that monthly support obligations were met. I thought that order meant his employer had no option but to take however much out of each check to send to child support before my ex was even paid. NC is blaming it on the employer and my ex. My ex is saying child support just isn’t giving it to me. My health is going down bad and it’s embarrassing and dehumanizing when I have to beg money from my fixed income parents for gas money to go to the doctor and standing in front of cashiers counting change just to keep milk in the house. Who is actually responsible for handling this? An increase in obligation isn’t going to help when I’m not even getting what I’m supposed to already. Is NC dropping the ball and I should pursue a civil suit? Or is he just shafting his children?


#2

There are limits to the amount the state is able to garnish. § 110-136 discusses this, specifically stating that no more than 40% of a parent’s disposable income can be taken by garnishment. I would continue to work with CSE and his employer to see if you can make any progress.