Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
This is happening because you nor the mother have the legal right to waive child support for the child. This is so because child support is the child's money and it can't be taken away by the parents under any circumstance.
Even if you're paying money to the mother to support the child informally, it doesn't count toward your obligation that the state has imposed on you. Since you've fallen behind because you stopped paying through the state agency, they've begun a garnishment to pay your support obligation.
You're going to have to pay the child support, therefore, you should consider stopping the independent support because you're not going to get credit for it.
If it makes any difference both him and she live with me. It doesn't really make sense that they are doing this when i put the child support on my self in the first place...i wasn't forced to.
The state should be acquiring the money from the garnishment and turning it over to the mother. If this isn't happening, you or her need to call and find out where the money being garnished is going.
The state agency should have records of where every penny garnished is.
What else do you want to know?
I can't tell you what they're doing with the money if they're not paying the mother. The only way to find this out is to call and ask for an accounting of the money taken from your employer for child support.
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