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System is broken
by: Anonymous

As some one who is currently going through this in Illinois, I can relate. I have contacted a Senator with no reply, next to hit a congressman to see if we can get the problem fixed. I have a solution, would save taxpayers millions and help the Custodial and non custodial parent. Also who has called their state payment center (State Distribution Unit) in Illinois,answered several questions, waited up to 30 minutes to be hung up on. This is just wrong! I pay my child support and treated like a criminal.

Anonymous

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Did ya'll know of this law part 2
by: Please read Law

ยง 1673. Restriction on garnishment

(a) Maximum allowable garnishment
Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed
(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).
(b) Exceptions
(1) The restrictions of subsection (a) of this section do not apply in the case of
(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.
(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed?
(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual?s disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual?s disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
(c) Execution or enforcement of garnishment order or process prohibited
No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.




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Did ya'll not know of this law
by: Please read Law

Paycheck Garnishment for Support - Limits

When a court orders child support and/or alimony, one frequent method of collection is by Income Deduction Order - IDO. The IDO is signed by a judge and sent to an employer. The employer is required to deduct specified amounts of money from each and every paycheck. This process is also called garnishment. Sometimes the employer has to act on several simultaneous garnishment orders. The orders can be for judgments, alimony, child support, student loans, and other various obligations. Added up, the orders can equal or exceed the take home pay of the employee.

Fortunately, there is a limit on the percentage of take home pay that can be garnished. The limit is spelled out in Federal Law - which is binding on Florida courts.

The Federal law is called The Consumer Credit Protection Act - 15 USC 171. The amount of garnishment is limited to either 50% or 60% of wages, plus another 5%, depending on several factors:

50% - is the limit of take home pay that can be garnished if the person paying the support has an additional child or spouse they are also supporting (that additional person cannot be the one getting the garnishment money)

60% - is the limit of take home pay that can be garnish if there is not an additional spouse or child.

5% - is the additional amount that can be garnished for support arrears that are over 12 weeks old.

Enforcing the Limit on Garnishment
Many state courts will not automatically recognize the Consumer Credit Protection Act. You must bring it to the attention of the judge. And this must be done at the time the support and income deduction order is considered. At any hearing where the garnishment limits may be exceeded, you should prepare by bringing a copy of the Federal Law.


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Mission Not Accomplished!
by: Anonymous

I just have to say there are MANY women out there on a mission! To not only break the "good" fathers but stomp on them when they are down. There needs to be a change to the child support laws and it needs to be done now!! I am a woman who sees how much this devastates a "good" father. Using money as a means of parental rights is unfair in the biggest way. Money doesn't help a child, loving does. Money is for the greedy mother to buy the designer items needed to make her look good. I fear that the "good" fathers will not get justice.

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Reform for Child Support
by: Jacqueline

I agree something needs to be done. I do not want my ex-husband or any of the other deadbeat parent to go to jail. I feel like if I struggle hard and sometimes fall trying to take care of my children and have to go to the welfare system for help. I do not want my hard earned tax money to go toward the care and support of the deadbeats in jail or prison. I would like to see some kind of restitution centers to be opened and they have to live there until the back child support is paid. It does not matter what their profession is, and if they have moved on and have another family divide the monies between both households, since (he) has obligations in both places. Yes our children suffer the most, that is why the deadbeat parent should not be stripped of their licenses but put a monitor on them and keep them locked away from their freedom to move about and elude child support for the ones they left behind.

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Your absolutely right.
by: Sumthin special

My brother is in jail for not being able to find a job and his girl being ignorant by calling his probation officer to tell on him for it. Its very sad that the kids are being used in this situation. This girl has no job and lives off the government, which my brother has to repay. She had a choice to use protection and make the decision not to have a child, just as much as a man has to use condoms for protection. I am a woman and I hate how they are treating the men that are really trying to pay their support. Some men cant find decent jobs to pay for two kids. When they do get a job, it will pay for the child support and the fathers left with nothing!!! I feel that its time for the dads to take a stand. There has to be some hard working men out there that are getting tired of this system. Either you pay or you go to jail. Or you have an "evil girlfriend or wife" that will call the cops on you. I will be praying for those guys who really love their kids and really trying to keep up with child support. I am for you guys. I have a son and I raised him by myself and I knew that his dad didnt have a job to support him so I didnt go to the government because I gave him a chance to get on his feet. Besides it took two of us to make this child, so I was responsible as well. Only when I knew that he had the money to help me, I would go get it and he would give it to me without getting the system involved. Its wrong to put a man down when he is already down. We need to help them and give them time to find a job. Mothers if you are working try to do your best and take out some money, but not use the system, just because... work and support your children as well...it takes two.. Mothers are just as responsible as men.

Take Care

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The System Needs An Overhaul!!
by: Anonymous

Thanks for pointing this out. I think a lot of people believe that just because a Father gets sacked with child support, it meant that he ditched his family or that he did not provide for them.

It needs to be pointed out, as well, that there are a significant number of women out there who have children (be it in or out of wedlock), either create a condition where the Father has to leave or the women themselves leave, and then six months later everyone's in court. What's worse, once the mother gets that pretty much guaranteed court decision or award of child support, she then uses the child as a weapon against the father to make matters worse (such as not being available for visitation, making decisions for the child while intentionally not seeking input from the father who wants to be involved, etc.).

The worst part about child support proceedings is that the process is more or less criminalized for the non-custodial parent (usually the Father). There certainly needs to be an overhaul in the system in how child support proceedings are handled, and more stringent review of the CUSTODIAL parent's management of monies received for the child or children in question. Too often the non-custodial parent has to prove income, expenses, etc., while the custodial parent more often than not gets away with simply verbal testimony and assurances.

Less gavel pounding, more family support is my personal stance.

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Amen
by: Salavtore O.

I want to say thank you for your understanding to what I call a nonsense of dirty politics where these parasite found an easy whey to make money.
I am also going through some of the same! only problem I'm having is the state of GA. is a women state the only whey the father get custody is the mother has to be found using drugs etc... Child support recovery has to make a fee I'm trying to figure out when did the monies become more important then the relationship with the children. I pray for my ex and her family to be well God does not like ugly I miss my children it's been {3 years} since I've seen them, I've also just been released from jail over my back {CS} after spending 3 months and still ow the money when in fact my state of GA. back in the late 60s if you went to jail over CS [12 months] and your debt is cleared. Now CS found a hoop-hole in the system and they use it to their favor. I move here from N.Y.C to have a better life and raise a family, as of now I have been in a relationship with a christian women and she has (5)girls one is in college Oklahoma state. my divorce was finalized back in 2003 and I have been fighting this battle since.

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