Child Support Nightmare
by Unable 2 Survive
I have always paid child support never been late or missed a payment and the only time I was considered in arrears was due to waiting on the court to setup a hearing date for the reading of paternity results. That amount have already been paid off. I had a previous temporary assignment this appointment could be terminated at any time if your services are no longer needed or the funds are not available. Due to the nature of this assignment it limits the aggregate time of employment to a total of four years and my assignment expired in 2009 I was laid off last year.
The job required us to work enormous amount of overtime 6-7 days a week working 20 to 30 days without a off day. I informed child support of my new employere they sent the employer a Order/Notice to Withhold Income for Child Support Administrative Writ of Witholding in the amount of $440.00 per month back in 2005. Child Support reduced my monthly payments in 2009 from $440.00 to $380.00. The assignment ended last year I was laid off but I recently was ordered to go to court and at the hearing child support stated there had never been a modification done on me and based on the income from that previous job they are requesting I now pay over $1,000.00 a month.
I informed child support about all the overtime that was required to work. They determined my income had increased and the decision was based on that overtime. At the hearing Child Support agent asked if I handed or gave the custodial parent more money or bought things for her house and stated as such when daddy makes more money the mother gets more money. Now I pick my son up every other weekend if we went shopping and something was purchased he took it home with him and I would give him money to spend but not to the mother. I informed child support agent I paid the amount that child support sent to the employer to withhold.
Now I'm currently still laid off and receiving Unemployment Benefits but child support is still receiving the same amount $380.00 a month I was paying before I was laid off. In my search for work I signed up with several staffing agencies. I swore under oath that I was still unemployed at the hearing but one of the staffing agencies received the Order/Notice to Withhold Income for Child Support but they had not hired me or found a assignment to work.
I received a letter from Child Support stating" Your employer has been sent an Order/Notice to Withhold Income for Child Support and If you change jobs in the future you are required to provide a copy of the Order/Notice to Withhold Income to your new employer. I contacted my Child Support Office informed them that I was not employed yet as I stated less than 2 weeks ago while at their court hearing. I also informed the child support agent I wanted to contest or write a letter to appeal the modification amount because I'm unemployed no longer employed at the previous job. The child support agent stated I could not do either I would have to hire a attorney. I cannot afford an attorney and struggling to pay bills with my unemployment benefits.
The only thing that is going to come of this is my ability to do things with and for me and my son who I intend of having him to move in with me in a couple of years. I feel that because child support had never done any modifications with the exception of decreasing it back in 2009 they failed to do their job and wanting me to pay for it. I have read through all of my documents and I have yet to read in the event I work overtime I'm required to hand money over to the custodial parent. Is this fair? I got a letter from child support stating Notice of Intent to report I'm in arrears in child support due to all of this and if this is reported it could prevent me from being hired back with previous job.