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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.
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......
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.
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.
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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