Ask Me Help Desk - What percentage of income can be taken?

What percentage of income can be taken?

I am in SC. The mother and child are in FL. I was served with papers that I am the father of a child that's 12 years old in FL. The mother is asking for child support retroactive back to the date of birth.

1. Can they ask for 12 years of retroactive in FL?
2. I am married and have 3 children with my wife. Will this be taken into account when they determine the amount that I will have to pay?
3. What's the maximum percentage of income can they take from me?
4. Does it have to go through my employer for direct payment?

Any help would be appreciated. Also anything else that I may not have thought of would be appreciated as well.

Thanks.

It's based on income and there are several "calculators" on line. Just as a starting point for 1 child on a $5,000 a month gross income it's $804. I checked back and, yes, others have responded that Florida does allow for retroactive child support; from what I can tell, no, the percentage is based on income without other factors such as children; the maximum amount of income they can take doesn't really matter - if you are thinking of not paying and allowing a garnishment you can be arrested for non-payment and the balance will just keep adding up; no, you can pay directly and not through your employer.

Are you 100% positive that the child is yours? Have you had DNA testing? Others have been in this situation and then found out it's not their child. 12 years seems like a long time before tracking you down - I think I'd consult with an Attorney.

Q:Can they ask for 12 years of retroactive in FL?
A: Yes
Q:I am married and have 3 children with my wife. Will this be taken into account when they determine the amount that I will have to pay?
A:It does not matter for CS determination
Q: What's the maximum percentage of income can they take from me?
A: Sixty per cent
Q:Does it have to go through my employer for direct payment?
A: No. They can garnish your earning only if you do not pay.

I am going to request a DNA test. I do have every intention of paying if the child is mine.
That's another problem I have... why is it that after 12 years it's being brought up? I've not been hiding.

Does FL only allow for the retroactive to go back for so long? Or is back to the date of birth allowed? That's 12 years of retroactive payments! I have a family with 3 kids. I am extremely concerned about the percentage that can be taken from my income.

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Originally Posted by pumpkinpatch73

I am going to request a DNA test. I do have every intention of paying if the child is mine.

I wish it will not be late for DNA tests-Fl has limitations.

Quote:

Originally Posted by pumpkinpatch73

That's another problem I have....why is it that after 12 years it's being brought up? I've not been hiding.

Ask the mother and clerks.Good question

Quote:

Originally Posted by pumpkinpatch73

Does FL only allow for the retroactive to go back for so long? Or is back to the date of birth allowed? That's 12 years of retroactive payments! I have a family with 3 kids. I am extremely concerned about the percentage that can be taken from my income.

No. A few states have limitations for RCS.
For example-in Illinois court is not required to grant retroactive child support at all. In deciding whether to grant such an award, the court will look at several factors, including:

The past behavior of both parents
The effect of an award on the parent who has to pay
Whether the other parent was avoiding paying support
Why it took so long to file a claim for child support

Sixty percent?? Ok, so what happens when my salary now becomes one that I can't afford my mortgage, much less anything else for my home, wife and three children?

Quote:

Originally Posted by pumpkinpatch73

Sixty percent??? Ok, so what happens when my salary now becomes one that I can't afford my mortgage, much less anything else for my home, wife and three children?

OK- it is possible to be forty per cent.
If the mother is on welfare,the government is interested in collect the money. They are not interested in anything else. That"s the truth.
Have a look here:
Debt and Bankruptcy Laws -- Wage Garnishments -- State Statutes -- Florida

The Federal Wage Garnishment Law, Consumer Credit
Protection Act's Title 3 (CCPA)

Specific restrictions apply to court orders for child support or alimony. The garnishment law allows up to 50
Percent of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another
Spouse or child, or up to 60 percent if the worker is not. An additional 5 percent may be garnished for support
Payments more than l2 weeks in arrears.

The Financial Declaration from the mother is dated May 2007 (last year) and it states that she was on maternity leave and was drawing unemployment for $200 per week, and in addition, she was receiving food stamps for $135 per month.

Do I HAVE to have an attorney for this? I really don't have the extra funds for an attorney.

Quote:

Originally Posted by pumpkinpatch73

Do I HAVE to have an attorney for this? I really don't have the extra funds for an attorney.

It is always a good idea to have an attorney!!
It is better to spend $2,000 now instead $ 200,000 in the future:)

I'm still hung up on 40-60 percent... I will not be able to pay my own bills (roof over my head, food for my family, etc.) if they do indeed deduct that!

Yet if I don't pay - I go to jail?

It's a lose lose situation.

42 U.S.C. § 666(a)(9)(c),aka Bradley Amendment,overrides any state's statute of limitations.The law disallows any judicial discretion, even from bankruptcy judges.The law requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to make the notification or regard for their awareness of the need to make the notification.

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?

Quote:

Originally Posted by pumpkinpatch73

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?

:)

Quote:

Originally Posted by pumpkinpatch73

And if you had to break that down into "plain English" it translates into "doesn't matter if I can't afford my own...." correct?

In plain English, yes - however (and I'm not being judgmental), the only children involved are not the children who live with you - the child in Florida is also "your own."

If you've never heard about his child before and/or it's not possible that it's yours (and for the other reasons I mentioned) I would get an Attorney to look into the entire situation. The various States have different laws/rules/regulations - but, yes, you are expected to pay Court-ordered child support.

If you read through the other threads - use the search feature - perhaps someone has something else to say, some other advice in the past.

Thanks for your help.

Not sure about SC, but where I'm at they can take up to 55% of your salary a month until your back child support is paid. I know here they do take into account if you have other children, but that may only be if you have another order to pay child support. Here they garnish your wages even if you do pay. I would advise you to contact the family court in FL to find out how they work because if they are going to garnish your wages either way you don't want to pay out of pocket. Don't take that as I'm saying that you shouldn't pay more than you have to because I'm not, I'm just saying that it sounds like you may be tight on money so you don't want to take from the family you already have. Eventually you will have it all paid back. They can also keep your tax refund too. You do need to get a paternity test done before paying anything on child support.

Quote:

Originally Posted by pumpkinpatch73

Thanks for your help.

Hope it works out - your wife must be shellshocked.

I agree with the one who said for you to contact an attorney, but I wouldn't suggest putting out that kind of money until the paternity test comes back that you are the father. A lot of family attorneys have free consultations, try that out.

Quote:

Originally Posted by confused1145

I agree with the one who said for you to contact an attorney, but I wouldn't suggest putting out that kind of money until the paternity test comes back that you are the father. Alot of family attorneys have free consultations, try that out.

He may need an Attorney now - he's already been served with papers which apparently make no mention of DNA testing.