[klc2025]

My fiancé is currently paying $290 for current charges and $50 in backed child support a month which is taken directly out of his check every payday. We have 50% custody of his two sons but he has %22,000 in backed child support from a bad time of his life when he was in and out of jail. He now has gotten his crap together and like I said we have 50% custody and he has a good state job. We have been paying this amount which was set by child support services for 2 years now without any late payments or questions. Yesterday when trying to pay some bills his card was declined and we found out that child support services had levyed his acount and left us with nothing. I completely understand paying the backed child support but to have 50% custody, have to still pay the county for her to be on cash aid, and then for them to clear out his bank account just seems like too much! Anybody know anything we can do that's better then what we got? Thanks in advance!

[cdad]

First off what state is this happening in? You may be able to fight what they did. Also how much of the money in the account was yours?

[ScottGem]

If there is an agreement, then this should not have happened. But you will have to go to court to have the levy vacated. Show the court order from 2 years ago as your proof.

[GV70]

More questions than possible answers;)

We have 50% custody of his two sons ...

What kind of custody? Legal, physical or joint/shared/?

...he has %22,000 in backed child support ...My fiance is currently paying $290 for current charges and $50 in backed child support a month

Almost impossible. I know no judge would order back child support to be paid for 440 months./ 22,000:50=440, it is more than 36 years!/:eek:

We have been paying this amount which was set by child support services for 2 years now without any late payments or questions.

Please read again the order. It is possible those $ 50 to be the rate of interest but not back child support.

[cdad]

Almost impossible. I know no judge would order back child support to be paid for 440 months./ 22,000:50=440, it is more than 36 years!/:eek:

When it comes to arrears they don't care if it lasts a lifetime. That is the way of the new design. California charges 10% interest and if it takes you a lifetime to pay it they don't care. It doesn't benefit the children in any way. Its just a new way to create more criminals.

[GV70]

When it comes to arrears they dont care if it lasts a lifetime. That is the way of the new design. California charges 10% interest and if it takes you a lifetime to pay it they dont care. It doesnt benefit the children in any way. Its just a new way to create more criminals.

To live in California... It sounds great!:)
By the way In Pa there is five years time limit.

[cdad]

To live in California...It sounds great!:)
By the way In Pa there is five years time limit.

Im not finding that anywhere. Do you have it somewhere? This is what I have found.

Ref:

7. How long will I have to pay child support? Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or older. For example, a support obligation may continue for a child who is 18 and still attending high school, one of the parents may file a "Petition for Modification of an Existing Support Order" to request that the child support order be stopped. See Question and Answer #3 for more information. Additionally, there may be other situations, such as the existence of physical or emotional challenges, when parents may be required to pay support for a child who is 18 years of age or older. Arrears remain an outstanding debt until paid in full, regardless of how long that takes. Modification of a support order will not eliminate arrears that accumulated as a result of nonpayment of the support order.


Site Ref:

Pennsylvania Child Support Enforcement :: The Child Support Web

[GV70]

Im not finding that anywhere. Do you have it somewhere? .

Some years ago the Supreme court decided a back child support case./ I cannot find the case right now/, where it was stated/ it's from my memory/ that all ordered and unpaid child support should be paid up to five years , and because there is no wage garnishment in Pa,non-paying should be deemed as contempt of court.It should be considered in all cases unless the payer's income /after calculation of the current and back child support/ is below from the amount of SSI./ now it is $ 674 in Pa/. But not more than 60 % from his/her income.The back child support should be paid ASAP.
That was the SC reaction against a bizarre decision from a lower court that the non-custodial parent/in that case-the mother/ ,who owed $25,000 as back child support was ordered to pay $ 15 a month /for 138 years!/

Arrears remain an outstanding debt until paid in full, regardless of how long that takes. /COLOR]

Correct but in limited cases./The debtor is in prison, for example/

[cdad]

Correct but in limited cases./The debtor is in prison, for example/

The largest problem I see with the way many states treat child support arrears is that even when a person due to job loss gets back on track making current payments and the courts award an amount to go to arrears. So long as the person paying stays and remains current then interest on arrears shouldn't keep going. That way in most cases it could end in 5 years after child support is completed. But in the current situations of 10% and keep going as it is compounded. Job loss early on can cause a massive debt. Interest is usually paid first and it can run into the thousands every year. Its insane.

It does nothing to benefit the children. Its only a punishment that can last a lifetime.

[GV70]

So lo Interest is usually paid first and it can run into the thousands every year. Its insane.

It does nothing to benefit the children. Its only a punishment that can last a lifetime.

Agree. But that's the law.

[Skill7D]

Bank Levy is an administrative enforcement and almost always computer generated by SS# match. If he's been paying consistently as you say he has he should contact the child support agency and file an appeal. In the state I work in if an NCP has missed no more than 1 payment for six months we will send a $2,500.00 exemption which exempts the first $2,500.00 in a bank account from levy. This varies state by state.

As far as the arrears payment, $50.00 on a $290/month order seems about right. When the child emancipates, the garnishment should continue at $340/month which will obviously take a bigger chunk out of the arrears. There is no limit on how long it will take to pay off arrears.

And califdad, your state is one of the worst I've dealt with as far as I&P. They operate more like a credit card company. The state I work in applies arrears payments to principal first and if you make your minimum monthly payment ($340.00 for the case in this question) I&P does not assess for that month.