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    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #1

    May 5, 2007, 12:38 AM
    Court ordered compensation.
    Well... I have a question about the way to collect court ordedred compensation.Let's allow that there is a court ordered compensation $80000 and this compensation has to be paid in 3 years according to the court decision/$2223 per month/.The debtor has about $2500 income per month but he is obligated to pay more than $1800 as child support for his 4 children.
    $2500. I have heard about WAGE GARNISMENT but I think it is unapplicable here. The garnishment action, otherwise known as "administrative wage garnishment" can be up to 25 percent of debtor's disposable income. Under federal law, you cannot garnish more than 25% of the debtor's disposable income. There is an additional protection for low-income people: A wage earner must be left with a weekly wage equal to 30 times the current federal minimum wage -- which has been $5.15 since June 2000. This means that the debtor gets to keep the first $154.50 per week; you can garnish 25% of the excess. (15 U.S.C. §1673(a)(1).)Debtor is already subject to another garnishment. You cannot garnish wages if they are already being garnished by another creditor, unless (1) the first garnishment takes less than 25% of the debtor's disposable income, or (2) you have a judgment for alimony or child support.
    What will happen?I think it is impossible to collect the money awarded by court.Can debtor go in jail?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 5, 2007, 07:06 AM
    Hello G:

    In many states, dead beat dads can go to jail.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #3

    May 5, 2007, 07:28 AM
    I will ask you talk about child support but it appears this is not your debt ? Do you have a personal loan against them, or another debt. Also you keep using the term compensation which appears to be perhaps a judgement of some sort.

    So if you are not the parent with the child support garnishment, and you have gotten a judgement against this person for another debt,

    But if you are just a debtor with a judgemetn, odds are you will never get your money, First the other person does not have the income. And with other garnishments they get the money first.

    So there is really nothing you can do excetp try to attach some bank accounts or see if your state allows you to place a lien on their property.

    But honestly, my guess is less than 1/2 of the people who ever get judgements get their money

    No at least in the US, Canada and most of Europe there are no debtor prisons
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    May 5, 2007, 09:55 AM
    Thank you... That is a case where I am involved... Last year a criminal attacked a man to rob him.This man was serious injured .The victim paid $45,000 as hospital checks for his therapy.The court awarded the victim $ 80,000 as a compensation for damages and therapy.The problem is that the victim has lost his regular income.He and his family live in a house.The victim has loan at mortgage obligations and now he can't pay.He and his family are to chase away their home.The criminal does not want to pay anything in despite of the court order.A lawyer explained him that he is not entitled to wage garnishment because he has to pay child support and alimony.And what?? It sounds unjustice and unfair that the criminals have more rights than their victims and also the children of these criminals have more rights to be supported than the children of the victims.
    AM I RIGHT?? I hope-NO.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    May 5, 2007, 10:10 AM
    Hello again:

    It doesn't sound the criminal has any more rights than anybody. He's probably in jail.

    His children, though, are another matter. Certainly, they're innocent victims too, and they were victimized first. What?? Because of who their father is, they should go hungry?? Fortunately, it doesn't work that way.

    I do, however, agree with you. It is unfair. I could say something philosophical about life being unfair, but I won't. Some jurisdictions have funds for victims of crime. Maybe there's compensation available there.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    May 5, 2007, 10:12 AM
    Well child support at leat in the US has held top importance over any other debt, Plus the court rulings that the first judgement issued normally have the fist right to be collected.

    And in the end, most crime victims seldom gets paid for their injuries, since most criminals seldom if ever have money or will ever hold jobs. It is not right or it is not fair, but then if you were the exwife with two kids who need to be fed, who need to have clothese and who need to pay school costs, what do you say to them, I am sorry you don't deserve the money either ?

    And of course many criminal or just a person in a civil suit, wants to pay the money they owe, read the posts we get on here every day, dead beat dads not wanting to pay their child support, people with judgements against them askng how to get them overturned or some way out of their debt, I bet we get at least 10 of these a day here.

    They all deserve to be paid, but if there is not enough money, there is nothing you can do.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    May 5, 2007, 10:16 AM
    Quote Originally Posted by excon
    Hello again:

    It doesn't sound the criminal has any more rights than anybody. He's probably in jail.

    His children, though, are another matter. Certainly, they’re innocent victims too, and they were victimized first. What??? Because of who their father is, they should go hungry??? Fortunately, it doesn't work that way.

    I do, however, agree with you. It is unfair. I could say something philosophical about life being unfair, but I won't. Some jurisdictions have funds for victims of crime. Maybe there's compensation available there.

    excon
    No-he is on probation.But is it your honest opinion that the children of the victim should go hungry because his father is an innocent victim??
    The victim had received $500 from the local government and that was all.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    May 5, 2007, 10:21 AM
    Quote Originally Posted by excon
    Hello again:

    Some jurisdictions have funds for victims of crime. Maybe there's compensation available there.

    excon
    Yes-but only if the criminal is unknown.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #9

    May 5, 2007, 10:29 AM
    Quote Originally Posted by GV70
    No-he is on probation.But is it your honest opinion that the children of the victim should go hungry becouse his father is an innocent victim ??????????
    The victim had received $500 from the local government and that was all.
    Someone's kids are going to go hungry. And yes, they're going to be the victim's. The victim may be able to get some kind of lien against the criminal's property, but that doesn't mean he will get any money from it, and not any time soon. The simple fact is that you can't get more money out of someone than they have.
    fray's Avatar
    fray Posts: 3, Reputation: 2
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    #10

    May 5, 2007, 10:43 AM
    Quote Originally Posted by GV70
    The debtor has about $2500 income per month but he is obligated to pay more than $1800 as child support for his 4 children.
    I am a single father and my ex-wife pays $ 20 per week for her/and mine/ two children -it is about $80 per month.:) I can't understand why this felon has to pay $1800 per month child support.This sum can be reduced and this felon has to pay his debts.Small amount... but it is better than nothing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #11

    May 5, 2007, 11:02 AM
    Quote Originally Posted by fray
    I am a single father and my ex-wife pays $ 20 per week for her/and mine/ two children -it is about $80 per month.:) I can't understand why this felon has to pay $1800 per month child support.This sum can be reduced and this felon has to pay his debts.Small amount ...but it is better than nothing.
    My worker on min wage with two kids pays a lot more than 20 dollars a week, they get up to 25 percent of his pay. Honestly it sounds like you need to go back to court and get more.

    The court decides how much child support is due based on state approved regulations. My son pays well over 1000 a month on one child, this is not uncommom at all based on his income.

    But in the end for the poster, each state has its rules and court regulations as to who gets the money first, if there is more owed from a check than is allowed, And child support comes first in almost all cases.

    If the person is not paying court ordered money and this is part of their probation or parole requirements, then you may be able to take them back to court for vioation of those requirements
    fray's Avatar
    fray Posts: 3, Reputation: 2
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    #12

    May 5, 2007, 11:34 AM
    I don't need to go back to court to get more... it was our agreement. In my state /I am sure it is the most generous state about awarded sums for child support/ if I have to pay support for four children-my monthly support order will be approximately $1438. If I was in Pennsylvania-my monthly support order will be approximately $1095 .That is on condition that the custodial mother doesn't have any income.This is the reason for my opinion that felon's child support order was awarded in the past and there were different circumstances-In my point of view his income was $3500-3800.Now he has decreasing of his income and it has to result in his child support payments.If he pays $1000 as child support he will be able to pay $800 as compensation to his victim...
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #13

    May 5, 2007, 09:53 PM
    I am not sure that third party has right to ask for reconsidering awarded child support.

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