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Post by Deleted on Apr 21, 2016 18:38:49 GMT -5
Just curious. If a person is getting his check garnished for child support, does it go by percentage or is it a specific amount? Would it make sense for a guy to turn down overtime because he would lose most of that pay to garnishment?
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msventoux
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Post by msventoux on Apr 21, 2016 18:47:20 GMT -5
Here it's usually a flat amount per pay period, not to exceed a certain percentage of base net income (gross wages less mandatory taxes; you can't reduce your net income by funding a retirement account or other non-mandatory items and say "Sorry, not enough net pay after everything to pay child support").
I've seen guys turn down work or quit as soon as they get a garnishment. It doesn't make sense to me, the garnishment doesn't go away, they're just extending the amount of time it takes to get it paid off.
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TheOtherMe
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Post by TheOtherMe on Apr 21, 2016 18:49:16 GMT -5
When I did payroll, we had an employee who was being garnished for unpaid student loans. There was a formula I used that was given to us by the company collecting the debt. I don't remember the %.
To me, it made no sense for her to turn down OT. Yes, she owed some of it to go towards the student loan. In her way of thinking, it must have made sense because she turned it down.
She did eventually quit over it and didn't have another job lined up. Made no sense to me.
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midjd
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Post by midjd on Apr 21, 2016 18:58:08 GMT -5
Is that like the people who turn down OT because they'll take home less after taxes? That pesky 110% tax bracket. Here is also a flat amount not to exceed a certain % of pay.
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Post by Deleted on Apr 21, 2016 19:03:30 GMT -5
Is that like the people who turn down OT because they'll take home less after taxes? That pesky 110% tax bracket. Here is also a flat amount not to exceed a certain % of pay. what does that mean? a flat amount like $100 a week at regular pay and the same $100 a week even if they work overtime? So no more would go to garnishment with an overtime check?
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tskeeter
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Post by tskeeter on Apr 21, 2016 19:14:06 GMT -5
Here it's usually a flat amount per pay period, not to exceed a certain percentage of base net income (gross wages less mandatory taxes; you can't reduce your net income by funding a retirement account or other non-mandatory items and say "Sorry, not enough net pay after everything to pay child support"). I've seen guys turn down work or quit as soon as they get a garnishment. It doesn't make sense to me, the garnishment doesn't go away, they're just extending the amount of time it takes to get it paid off. Quitting does allow them to avoid garnishment. Until someone tracks down their new employer and their Pay is garnished again. Then it's on to yet another new job ... The garnishment doesn't truly go away. But you can avoid paying on it. If you are really good at dodging the garnishment, you might be able to keep it up until you no longer have income that can be garnished.
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plugginaway22
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Post by plugginaway22 on Apr 21, 2016 19:20:10 GMT -5
In PA I have only garnished flat amounts based on a court order (unpaid child support is all I have experienced) so OT would not affect the amount garnished each pay period.
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Post by Deleted on Apr 21, 2016 19:21:40 GMT -5
Here it's usually a flat amount per pay period, not to exceed a certain percentage of base net income (gross wages less mandatory taxes; you can't reduce your net income by funding a retirement account or other non-mandatory items and say "Sorry, not enough net pay after everything to pay child support"). I've seen guys turn down work or quit as soon as they get a garnishment. It doesn't make sense to me, the garnishment doesn't go away, they're just extending the amount of time it takes to get it paid off. If a person work 6 days one week to get the overtime then 4 days the next week, would less garnishment happen? Because the 6 days would not raise the garnishment and the 4 days of work lower the garnishment because the garnishment was too high a percentage of 4 days of work.
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plugginaway22
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Post by plugginaway22 on Apr 21, 2016 19:24:28 GMT -5
There is a limit (certain percentage of total pay) to what you can take if they only work 3 days.
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msventoux
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Post by msventoux on Apr 21, 2016 20:01:00 GMT -5
Here it's usually a flat amount per pay period, not to exceed a certain percentage of base net income (gross wages less mandatory taxes; you can't reduce your net income by funding a retirement account or other non-mandatory items and say "Sorry, not enough net pay after everything to pay child support"). I've seen guys turn down work or quit as soon as they get a garnishment. It doesn't make sense to me, the garnishment doesn't go away, they're just extending the amount of time it takes to get it paid off. If a person work 6 days one week to get the overtime then 4 days the next week, would less garnishment happen? Because the 6 days would not raise the garnishment and the 4 days of work lower the garnishment because the garnishment was too high a percentage of 4 days of work. Depends on pay periods/dates, and how the garnishment order is written. Different scenarios, ignoring mandatory taxes, assuming an hourly wage of $10, a weekly pay date, and a set garnishment of $150 a week, not to exceed 40% of net pay: $10 x 40 hours = $400 pay - $150 garnishment=$250 net to employee 40 regular hours and 10 OT hours: ($10 x 40)+($15 x 10)=$550 - $150 garnishment=$400 net to employee $10 x 30 hours = $300 - $120=$180 net to employee. The $120 is 40% of the $300. Reducing hours worked to pay less on a garnishment also means the employee ends up with less to live on. My advice would be to not spend so much effort trying to get out of paying a court-ordered obligation and use that energy to actually pay off the obligation so that everyone can move on with their lives.
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Apple
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Post by Apple on Apr 21, 2016 20:05:14 GMT -5
Depends... how far are they behind?
My ex has his checks garnished, and always has, since he won't bother to write a check on his own. If you work for the federal government, you don't have a choice to pay on your own, they automatically garnish your paycheck (so, I can't just assume garnishing a check means they refuse to pay it on their own).
For child support, more is taken when he is behind, but not a whole lot more, and overtime wouldn't change how much he has to pay back. However, if he is still behind at tax time, the amount he owes is taken from any refund he may get. (At least state refund, I'm not sure if it is taken from his federal refund.)
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Apr 21, 2016 20:09:29 GMT -5
Child support is not connected to the current pay period. Child support is awarded based on the overall last year's or last reviewed salary/earnings of both parents. It is decided based on the state's child support formula. If there is arrears or medical compensation, that part is still based on the amount of the paying parent's amount of salary at the time of the court review.
Earning over time this week does not affect the court order decided the year before. Getting laid off does not affect the court order. For the court order to be changed, and thus the garnishment to be altered, the parent wanting the change would have to file with family court to have the court order reviewed.
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Post by Deleted on Apr 21, 2016 20:24:21 GMT -5
Child support is not connected to the current pay period. Child support is awarded based on the overall last year's or last reviewed salary/earnings of both parents. It is decided based on the state's child support formula. If there is arrears or medical compensation, that part is still based on the amount of the paying parent's amount of salary at the time of the court review.
Earning over time this week does not affect the court order decided the year before. Getting laid off does not affect the court order. For the court order to be changed, and thus the garnishment to be altered, the parent wanting the change would have to file with family court to have the court order reviewed. I wasn't asking about the amount owed, but the amount taken out of paychecks. And how that varied based on hours worked. Again and for the record, I am just curious. I am not getting anything garnished or concerned about getting anything garnished.
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Apr 21, 2016 23:35:37 GMT -5
Expanding upon Underwater Chloe's post: Most, if not all states, award child support as a fixed dollar amount (I.e., $150/ week or $900/month). So, week-by-week earnings (including OT) don't really matter as long as the garnishee makes enough to cover the payment. OT only matters in child support if one of the parents requests a change in the support amount. The OT may or may not be considered as additional income available to increase the child support amount.
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NoNamePerson
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Post by NoNamePerson on Apr 22, 2016 0:24:23 GMT -5
Just have the person whose wages are being garnished what the paper work said. Fixed amount or %. He/she should know.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Apr 22, 2016 0:57:19 GMT -5
Child support is not connected to the current pay period. Child support is awarded based on the overall last year's or last reviewed salary/earnings of both parents. It is decided based on the state's child support formula. If there is arrears or medical compensation, that part is still based on the amount of the paying parent's amount of salary at the time of the court review.
Earning over time this week does not affect the court order decided the year before. Getting laid off does not affect the court order. For the court order to be changed, and thus the garnishment to be altered, the parent wanting the change would have to file with family court to have the court order reviewed. I wasn't asking about the amount owed, but the amount taken out of paychecks. And how that varied based on hours worked. Again and for the record, I am just curious. I am not getting anything garnished or concerned about getting anything garnished. I answered your question. Since this is the second time this month you've been intentionally obtuse toward me, I'll stop talking to you to save both of us time.
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NoNamePerson
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Post by NoNamePerson on Apr 22, 2016 1:04:53 GMT -5
Person has $84.24 taken out of weekly check according to paper work turned into payroll. If that person doesn't have enough wages then it is a percentage. I have seen as little as $10.00 withheld even when the amount was $84.24 per week. But they only worked a few hours hence the %%%%%.
It's kinda like SS and medicare and retirement, taxing pensions - there is no one size fits all
Payroll can only go by the legal papers they are served with.
I still say go ask the person what they are having withheld if it is that important. I'm sure they will be glad to share the info with you.
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bean29
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Post by bean29 on Apr 22, 2016 3:44:40 GMT -5
I do payroll for a small company. I have one employee with a child support garnishment, which is mandatory by state law, so the garnishment does not reflect on the individual. I have seen a few other garnishments over the years. I had smallish state tax lien- employee's wife got something like a 401K or pension payout on severance and they cashed it out rather than rolling it into an IRA. The initial amount was huge. I was concerned they wouldn't be able to survive. We called the state and they reset the amount to a very reasonable rate. Sometimes people get paperwork asking for info to be filled out, or an optional notice to appear and their reaction is to lay low and "hide", you really want to negotiate an agreement you can live up to and make work.
Regular garnishments for like an unpaid medical bill or CC, are usually only good for a set # of weeks. Some companies manage renewal well, others often let them fall off.
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Post by Deleted on Apr 22, 2016 4:50:56 GMT -5
I wasn't asking about the amount owed, but the amount taken out of paychecks. And how that varied based on hours worked. Again and for the record, I am just curious. I am not getting anything garnished or concerned about getting anything garnished. I answered your question. Since this is the second time this month you've been intentionally obtuse toward me, I'll stop talking to you to save both of us time. Okay, though I am not sure which part of my reply was obtuse, trying to clarify what I was asking or reiterating I was not asking about myself.
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zibazinski
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Post by zibazinski on Apr 22, 2016 5:17:06 GMT -5
I'm curious. Do you know any decent people? Drunks and deadbeats seem to occupy your life. Those kind of people I avoid with a passion because they reflect who I am that I would be involved with people like that. Birds of a feather and all that....
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taz157
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Post by taz157 on Apr 22, 2016 5:59:07 GMT -5
I'm curious. Do you know any decent people? Drunks and deadbeats seem to occupy your life. Those kind of people I avoid with a passion because they reflect who I am that I would be involved with people like that. Birds of a feather and all that.... However, he does work in the construction field IIRC and they tend to be in that field FWIW.
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plugginaway22
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Post by plugginaway22 on Apr 22, 2016 6:09:02 GMT -5
Forgot I also was court ordered to garnish for a large DUI fine that the employee could not pay at once. They allowed it to be taken out over a year, in 26 installments, or each pay. I never liked that now it was the employer's responsibility to follow that court order.
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mroped
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Post by mroped on Apr 22, 2016 6:25:51 GMT -5
I believe in Pa depends on the reason for garnishment. if it is to pay fines or loans repayment ordered by courts, then that is a fixed mount. For child support, depends on on for how many I remember working with someone that had his wages garnished for one child support and it went something like this: $75 from the first $180/week and anything after that was on percentage - something like 30%. That was from the net pay. The guy was quite upset about it because the mother was staying home and he claimed that she is refusing to work so he could support her. I think it varies by state so whomever has their wages garnished, will have to look in the state rules before hand or just simply wait for a judge's order.
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ners
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Post by ners on Apr 22, 2016 6:31:30 GMT -5
A child support order is for specific amount per month. The order will instruct you how much to withhold per pay and if the employee is in arrears. I process payroll in Ohio.
Depending on if the employee is in arrears or supporting another family there is a % of income the employee can keep.
If there is not enough funds to cover the order then the employee becomes further behind.
If an employee works overtime the same % applies. If their regular earnings cover the amount then they have the extra in their paycheck.
Now if there is a great increase in income the custodial parent can petition to have the support increased.
So to answer your question it does not make sense to turn down overtime if your regular earnings cover your support order. If they do not cover your support order then it still does not make sense because you will still have to pay the support. It will not go away.
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Post by Deleted on Apr 22, 2016 6:35:44 GMT -5
The guy I am asking about just bought a motorcycle for about $8000, cannot afford to tag it and turns down Saturday work. It makes no sense to me and I thought garnishment might be why. He has 7 kids over several baby mommas.
I am curious about people who choose life like that.
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andi9899
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Post by andi9899 on Apr 22, 2016 6:41:58 GMT -5
Just curious. If a person is getting his check garnished for child support, does it go by percentage or is it a specific amount? Would it make sense for a guy to turn down overtime because he would lose most of that pay to garnishment? I think you live in MO. If so, child support is a predetermined amount and would not depend on OT. It doesn't fluctuate without being reviewed and approved by a judge. The only time extra is taken is when there are significant arrears. And then it's usually either taken from things like an income tax return or when the non custodial parent goes to jail, it would come from the bail paid. Baby Daddy was waaaaaaaaay in arrears at one point and those are the times I got money. He was so behind they convicted him of a felony. We went through MO courts.
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973beachbum
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Post by 973beachbum on Apr 22, 2016 7:38:22 GMT -5
The guy I am asking about just bought a motorcycle for about $8000, cannot afford to tag it and turns down Saturday work. It makes no sense to me and I thought garnishment might be why. He has 7 kids over several baby mommas. I am curious about people who choose life like that. I have known a few people like this over the years and even making good money probably don't make enough to cover them all. With the ones I knew it normally went like this. Kid 1 $75 week Kid 2 $75 week Kid 3 $50 week Kid 4 $50 week Kid 5 $75 week Kid 6 $50 week Kid 7 $100 week The law here only lets them take after the person takes home some min amount then it can be up to 50% after that until they hit some income limit again. I think those minimums are tied to the poverty income limits. Say the net is $200 a week then the garnishments can be up to 50% after that until he nets more than $400 a week. (totally made up numbers) There is a point where like in this case the person above can reach the point where every penny extra they make goes to pay the child support because they make enough to be over the 50% line but not enough to actually pay it in full. Any unpaid amount gets shoved into arrears. But I do know at least one person who probably won't live long enough to pay the arrears off. Now it is totally vindictive and stupid to not make the extra so you don't have to see that money actually get paid, but people are pretty stupid and vindictive sometimes.
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Post by Deleted on Apr 22, 2016 7:59:42 GMT -5
In MN you get a support order for X amount of dollars/month and it's multiplied by 12 and then divided by your pay periods, so it's the same deducted every paycheck. You don't get more taken out for working more. My ex says if he works Saturday and a couple extra hours during the week it works out to be like not having to pay any child support.
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Post by Deleted on Apr 22, 2016 8:37:29 GMT -5
Just curious. If a person is getting his check garnished for child support, does it go by percentage or is it a specific amount? Would it make sense for a guy to turn down overtime because he would lose most of that pay to garnishment? I think you live in MO. If so, child support is a predetermined amount and would not depend on OT. It doesn't fluctuate without being reviewed and approved by a judge. The only time extra is taken is when there are significant arrears. And then it's usually either taken from things like an income tax return or when the non custodial parent goes to jail, it would come from the bail paid. Baby Daddy was waaaaaaaaay in arrears at one point and those are the times I got money. He was so behind they convicted him of a felony. We went through MO courts. My ex has 2K of arrears. They just tacked $25/month on to the current order which goes towards that. The amount withheld does not change unless there is a change in the order or a COL adjustment which they do every 2 years. We just had ours and it went up $6/month.
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973beachbum
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Post by 973beachbum on Apr 22, 2016 8:37:54 GMT -5
In MN you get a support order for X amount of dollars/month and it's multiplied by 12 and then divided by your pay periods, so it's the same deducted every paycheck. You don't get more taken out for working more. My ex says if he works Saturday and a couple extra hours during the week it works out to be like not having to pay any child support. They all do that. But it only works out when the person's income can afford to pay it and still have enough income to not be below the poverty line. I have known a couple of people whose child support order totaled over $500 a week. For someone with a decent income that works. These people didn't even make $500 a week. That is when the weird complicated charts come into play taking each CS order in some order and percents of pay and percents of how much is given to each child again in some order. I do know it has to do with which CS order was put in place first not order of birth. I know a woman who has a child with a man who had 5 other kids with various other women. Her son is maybe number 2 but she filed after the mothers of number 3 and 4 so is last to be paid.
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