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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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If a judge has ordered a child support amount to be 298.00

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If a judge has ordered a child support amount to be 298.00 a month and 50.00 a month for arrears. That comes out to 80.31 a WEEK. I have filed for reduced hours unemployment. So of course I told child support services about filing for the unemployment like I am suppose to. So I still work at my job were they do the take out from my check. I work enough at my job for them to pay the 80.31 a week. But also they are taking out 81.00 a week from my unemployment. So I am paying 161.00 a week for my child support. I have talk to child support and they are going to stop taking from my unemployment but that could take a month as of now I have paid about 550.00 more then I should have paid at this time. Child support said I don't get the money back because I owe arrears. I am bringing home about 100.00. A WEEK With this happing I can't take care of the child that lives with me. Do they have the right to take more then a court order and do they have the right to keep my over payments and apply to my arrears. This case is in the STATE OF FLORIDA
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.

Hello,
Thank you for allowing us to assist you with this problem.

 

I'm sorry to hear about this problem but the short answer is yes child support collection does have the right to take more than the court order because it is listed as arrears. They should stop the additional collection because there is an agreement by court order in place but that will not force them to return any money already collected because of the arrears. I realize this may not be the answer you had hoped to hear but it is correct and I'm just the messenger.

Customer: replied 5 years ago.

So, you are saying that they can take any money amount they want from me? The judge ordered me to pay $50 a month towards the arrears for a reason, I cant afford more than that. I have to be able to provide for the daughter that lives with me too. They are taking more than half of my monthly income. Yesterday they gave her $162, and I received $62 for the week to live on. Thats hardly enough for gas for the week, much less my daughter's food and things she needs and bills. I really see how people can become homeless in situations like this. If I wasnt able to borrow money from people who love my daughter so much, thats where we would be......

Expert:  Daniel Solutions replied 5 years ago.

Yes and no. The support collection unit can collect the arrears owed from any source of income including tax returns in your name until the child support is made current so long as they do not exceed the self support reserve amount. However in some cases they may exceed that amount and you would have to go to court to have the garnishment reduced, which is what you have done already. Please dont get me wrong. I do understand what you are saying. Child support is designed to support the child but you are being placed in a position where it is making it hard for you to support the child.

 

 

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Customer: replied 5 years ago.
What is the self support amount we have two adults and one child in the home my daughter's mother is a full time student and I am the only one working
Expert:  Daniel Solutions replied 5 years ago.
Selfsupport reserve only includes you and any biological children. If the child is your child then it would be two people. If the daughter living with you is not your biological child then legally she would not be counted. The self-support reserve for 2011 is $14,702 gross and poverty level amount of $10,890 gross.
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Customer: replied 5 years ago.
ok yes the child in my home is mine as of today I have grossed 17,108.00 and have paided 4,308 in child support were do me and my daughter stand with this info
Expert:  Daniel Solutions replied 5 years ago.

If the child support you are paying from the current and arrears brings your gross income leve below $10,890 annually, then you can ask the court to issue a formal termination order. So basically any amount above the $10,890 can be taken without being returned to you.

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Customer: replied 5 years ago.
Well thank you for yr help
Expert:  Daniel Solutions replied 5 years ago.
You're welcome. I get your problem and your point. Try to hang in there and eventually things should work out for you and your family. You can't give up when you're doing the right thing.
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Customer: replied 5 years ago.
http://aspe.hhs.gov/poverty/11poverty.shtml I've looked up this website and as for the poverty level should I be at 14710.00 for me and my daughter or am I 10890.00 for my self who gets to claim my daughter since her mother lives here too
Expert:  Daniel Solutions replied 5 years ago.

Yes the $14710 because I just went back and reread you stated the child IS your daughter so that would be the correct amount. I believe you implied that her mother which lives with you is not your wife. However, if I misunderstood your relationship then you can seek the $18,530 amount but to include your wife you would have to convince the court that she either can not work due to a disability or has exhausted all efforts at finding employment.

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