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plowman525 · May 11, 2009, 02:14 PM

My original divorce decree states my wife was to receive XXX amount of dollars PER MONTH. Because of the way I am paid through my employer, I receive 26 paychecks per year and not 24. What happens to that extra month of child support that I have been contributing? Is the State of Arizona holding onto it and earning interest on it?

cadillac59 · May 11, 2009, 06:48 PM

There's a form for wage assignments that's used throughout the country that requires the amount of support be stated in terms of what it is per month (if paid once a month), twice a month (if paid on the 1st and 15th), biweekly (if paid as you are) or weekly. So, for example, if your support order is for x dollars per month you take that number, multiply it by 12, then divide it by 26 and you insert that amount in the biweekly blank. Your employer uses that figure in doing the biweekly deduction and then there is no over/underpayment for the year.

plowman525 · May 11, 2009, 06:58 PM

This is for cadillac59's response. I have a very close friend who received a little over $16,000.00 under the same circumstances. My paystubs show the same amount is being taken out for the entire 26 paychecks thereby allowing for a "13" month payment to be made. What is it I'm not understanding??

plowman525 · May 11, 2009, 07:04 PM

$300.00 per month x 12 months divided by 26 paydays amounts to $138.46. My employer is and has been paying child support in the amount of $151.13 per payday for the past 8 years. Who is wrong and what can I do about this overpayment of child support

ScottGem · May 11, 2009, 07:15 PM

Contact the agency that issued the garnishment order and ask that they correct the amount.

cadillac59 · May 11, 2009, 07:21 PM

Originally Posted by plowman525

$300.00 per month x 12 months divided by 26 paydays amounts to $138.46. My employer is and has been paying child support in the amount of $151.13 per payday for the past 8 years. Who is wrong and what can I do about this overpayment of child support

If that's what's been going on there has been a mistake (excuse me, but why has it taken so long to notice this?)

Whoever has been getting the support owes the overpayment back (presumably the Local Child Support Agency (LASCA) has been passing this on to the mom).

But yeah, contact the LACSA and have them correct this.

By the way, why has your employer been taking such an odd amount out (I could understand the oversight if it were an even $150, but $151.13?? )

Fr_Chuck · May 11, 2009, 07:26 PM

Then you should have a "credit" in your payment account to them, ( I doubt it gains interst) But you can see about having that credited to your current payments

It is very possible the place where you worked did the error in math.