Recent Feedback
In August 2011 the (courts) for the child support agency in San Bernardino,CA made judgement order for a deduction or garnish of wages which was effective that month and $411 was taken out of my wages (per month). I was notified by IRS that there San Bernardino placed an order to ganish my tax return due to a calculating error in the San Bernardino Child Support Agency. I contacted the agency and was informed that they had indeed errored in the deductions in the amount of $447.00 (FYI: I reside in Cleveland, Ohio and has never been to CA) but basically there was nothing that I could do about it, no they won't allow a payment plan. I was not notified at all I have been through so much with these people it is harassment at this point long story... .. I am up to date with my child support and have been active in my childs life since birth. Sent a letter to the director of C.S. for assistance recvd a call from the so call case worker he told me that per his supv. she resinded the tax garnish & they are going to garnish my wages immediately and icant do anything to prevent it.. I believe that the change was a result of my lodging a complaint. Is there anything that I can do at this point I work for the government and don't want my job jeopordized. Please can u help or advise thank you for your assistance
Good morning,Are you saying that the error made by the child support unit resulted in them not taking enough money each month?I am unclear as to what this error was.Doug
Yes, that is exactly what I am saying thank you Doug
Good morning,I'm sorry to hear of your dilemma.If they made an error and didn't take enough out, then you have two choices. You can write a check for the amount that is owed, or they will have the legal right to garnish your tax refund.I understand that their method of operation is harsh, and that they should cut you some slack because the error was theirs. However, the law allows them to demand the full amount immediately. They are not legally obligated to make payment arrangements, and federal law allows them to garnish your tax return to get payment----all of this regardless of the fact that you remain active in your child's life and that you have paid every dime that they have asked for before the error came to light.If they are going to rescind the tax garnishment---that is great. And, you have a great explanation for the wage garnishment if you are asked by your employer. The error was hardly your fault.Given the relatively small amount of error, you might consider borrowing the money from a friend or relative, or taking a cash advance on a credit card so that you can pay the support unit the $447.00, and avoid the necessity of having a garnishment order served on your employer for this error.I wish you the best in 2012.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures. Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again, Doug
Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.
Thank you for your assistance
My pleasure. Have a great weekend ahead!Doug