Too much taken for income withholding

North Carolina Divorce Law Divorce and Separation Answers
1

Since 2006 I have been paying the CP $500/mo for child support, directly to her, not to central collections, as per the terms of our divorce decree. Through the years, I have made several reduced payments & missed a couple due to financial problems. I have made every payment this year. My tax refund was intercepted for arrears, which is fine, although I was surprised not to have received any notification until after the fact. The original support order was figured in VA, I now live in NC and she lives in GA. She filed with the Georgia CSE last November. I was unaware that I should no longer pay directly to her & she has not reported the last 3 payments I’ve sent her, which amounts to $1500. CSE withheld $383.75 from my first paycheck this month leaving me with $489.29 for two weeks. They did the same with today’s paycheck, so that’s $763.30 that’s been taken this month when my actual payment is $500 mo. Is that legal? I will receive one more 2 wk paycheck this month. Should I expect them to do the same with that check? I am now unable to pay my mortgage payment this month.

We have a hearing May 5 to review/modify this order. I was under the impression that wage withholding would take place after the terms of the hearing were set. This is an interstate hearing. Will she have to be there? I assume there will be a Georgia rep there, right?

I schedule a hearing earlier this month for modification, but it was dismissed & the interstate hearing was then scheduled. Can I expect that hearing to be the end of it? Will the final order be established & will there be a cap as to how much of my income can be taken? I haven’t even seen my son in over a year because I can’t afford the visits. I have no idea what her income is.

2

You will need to bring evidence of the payments made with you to court to enable the court to give you a credit for those payments. I can’t speak to Georiga law, but my assumption is that your ex will be present.

3

through wage withholding, are they allowed to take more than the ordered amount before an rears payment has been established? I’m very afraid that they will take this much from my next paycheck as well. I’m trying to have my mortgage modified & I am on the probationary period right now. If I miss the pmt, my house could go into foreclosure. I just need to know what to expect.

4

Wage witholding should be pursuant to the Order issued, including arrearages.

5

so, does that mean if I’m in rears, they can take as much as they want up to the rears amount even tho the rears pmt is yet to be established?

6

Normally arrears are spread out to enable the payor to pay without undue hardship, however again, I cannot speak to Georgia law.

7

Since I live in NC, isn’t this subject to NC law? I’m not sure how it works with 2 states involved.

8

The Uniform Act states that jurisdicion to determin support is proper where the payor lives, however this is is an action by the state of Georgia to enforce the existing order.