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Can the state of Nebraska "double dip?" Nebraska

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  • Can the state of Nebraska "double dip?" Nebraska

    My fiance currently have 55% out of his paycheck taken out in child support for a total of almost $400 a month. We received notice today that the state now wants to take 55% of his paycheck for his second job (almost $400) for a total of almost $800 a month! He's only obligated to pay around $250 but they are taking almost $400 to pay his arrearage. He has no problem paying his child support but can the state take 55% out of both jobs and require him to pay almost $800 a month for one child?

  • #2
    How long did he not pay?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      He was $10,000 behind in his child support (he was living in a different state during that time and was told that his employer was deducting it from his wages but wasn't) and he has since paid over $4,000 of that arrearage in just the last year alone. (He returned to Nebraska a year ago to find out that his child support had not been paid like he thought it was)

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      • #4
        Did the judge assign a percentage to his wages or a dollar amount?

        If the judge said "55%", then it is fifty five percent of ALL income... not just one job.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          No, the order set was a flat $256 a month. I understand the additional $128 in arrears (although the state of Nebraska imposed that without ever taking him to court and getting it ordered by a judge) but now the state is trying to take the $256 plus the additional $128 from both jobs basically multiplying it so instead of $384 a month they're looking to take $768 a month when the initial support obligation was only $256 to begin with....and this is only for one child. I have two children from my previous marriage (I do receive child support for them) and we have a child together that is due in July...at this rate, we won't be able to support our family here. The crappiest thing about it is that the money doesn't even go to his ex-wife or his child. The money goes to the state of Nebraska to pay back the 5 years of ADC she collected. They already took $800 this year from his federal taxes and stimilus check as well (we filed separately) and it's just rediculous.

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          • #6
            Originally posted by Motherof4 View Post
            No, the order set was a flat $256 a month. I understand the additional $128 in arrears (although the state of Nebraska imposed that without ever taking him to court and getting it ordered by a judge) but now the state is trying to take the $256 plus the additional $128 from both jobs basically multiplying it so instead of $384 a month they're looking to take $768 a month when the initial support obligation was only $256 to begin with....and this is only for one child. I have two children from my previous marriage (I do receive child support for them) and we have a child together that is due in July...at this rate, we won't be able to support our family here. The crappiest thing about it is that the money doesn't even go to his ex-wife or his child. The money goes to the state of Nebraska to pay back the 5 years of ADC she collected. They already took $800 this year from his federal taxes and stimilus check as well (we filed separately) and it's just rediculous.
            Have you contacted the CS folks about it?
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              We actually just received the notice today so no we have not had a chance to contact them since it is a weekend. I'm trying to get my ducks in a row now and get as much information as I can before I call them. They have a way of snowballing you if you're naive about the situation.

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              • #8
                Originally posted by Motherof4 View Post
                We actually just received the notice today so no we have not had a chance to contact them since it is a weekend. I'm trying to get my ducks in a row now and get as much information as I can before I call them. They have a way of snowballing you if you're naive about the situation.
                Legally, since there are arrears that are owed to the state, they can garnish up to 65% of all income. The thing that he will need to check will be to make sure that any monies collected that are above the current CS order, is all credited to arrears. I realize that this will create a hardship for awhile, but as soon as the arrears are paid, the garnishment will be reduced to only one job and will only be for the amount of current support.

                There is something else that he needs to be aware of, even though he is making payments on the arrears, the state CSE can still intercept his tax refunds AND levy his bank account. Basically the state can take all enforcement actions they want because the money is owed to the state, so it's really in his best interests to get this paid off as soon as possible.

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                • #9
                  They already took his taxes, which he doesn't care about but the funny thing is that when we asked for a detail statement that shows all payments made, etc, they don't show the taxes or the stimilus check posted. They're stating that he's paid only $3,000 in the past year....according to our records and the records from his employer show that he's paid over $3,000 in just 2008 so it's now a matter of getting all of our paperwork together to take to CS so they give him credit where credit is owed.

                  According to the research I've done, because we have his daughter for more than 142 days a year his child support needs to be refigured to reflect that. As it is we have her for 8 weeks in the summer where during that time we are 100% financially responsible plus the case worker has already told us that once our son is born they will take that into account and reduce his child support. In the 4 years he's been ordered to pay the state has never reviewed it like they're suppose to every three years so we're actually going to wait until our son is born (which is any time now) and then request the administrative review. It will take into account not only the baby but also the amount of time we have with her. The other thing we're looking at also is the fact that we live in Iowa, which recognizes us as being husband and wife by common law (we've been together forever, lol). We realize that Nebraska is not a common law state but want to check into it to see if since Iowa recognizes us that way if that can have some bearing as well since then technically he would already have a second family. Granted we'll eventually get "legally" married anyway but right now we're just taking our time.

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                  • #10
                    Oh and as far as levy his bank accounts, my attorney that I've hired personally for my own ex-husband has already gotten a motion that prevents CS from levying his bank accounts because I'm on the accounts as well and I have two children from my previous marriage that rely on the money in that joint account (my child support goes into that account) so the state went for his taxes instead, which again is fine because we filed separately anyway so we still had my taxes. Anything of value that can be sold ie our mini van is in my name so again they can't do anything there either.

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                    • #11
                      Originally posted by Motherof4 View Post
                      Oh and as far as levy his bank accounts, my attorney that I've hired personally for my own ex-husband has already gotten a motion that prevents CS from levying his bank accounts because I'm on the accounts as well and I have two children from my previous marriage that rely on the money in that joint account (my child support goes into that account) so the state went for his taxes instead, which again is fine because we filed separately anyway so we still had my taxes. Anything of value that can be sold ie our mini van is in my name so again they can't do anything there either.
                      Did a Judge actually sign an order specifically stating that the state cannot levy a joint account??
                      If so, he is the luckiest NCP around because that is basically illegal. A Judge does NOT have the authority to usurp federal law. Federal law states that ANY bank account that a NCP has, including joint accounts CAN be levied- period.

                      If a Judge did not sign a specific order, the joint account can still be levied. Actually, even if an order exists, the state can levey against the order and not have to answer for it. In the mean time you would lose all of your money.

                      For your childrens' sakes, please consider opening a seperate account under only your name because the state will act first and they don't care how it affects anyone else.

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                      • #12
                        Originally posted by Motherof4 View Post
                        They already took his taxes, which he doesn't care about but the funny thing is that when we asked for a detail statement that shows all payments made, etc, they don't show the taxes or the stimilus check posted.
                        Unfortunately that is not uncommon when 2 different state's are involved. All he can do is to give CSE copies of the letters from IRS stating that the refunds have been intercepted and then the CSE will credit the account. It's frustrating as heck, my hubby's refunds were intercepted a couple of times, over $3,000.00 and he had to fight like crazy to get credit for it just because 2 state's were involved.

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                        • #13
                          Good news....although the CS recovery unit still doesn't know where his tax interception went (we called them yesterday) they told us to fax them the letters we received stated that they were intercepted and they would credit his "account". They also stated that they will contact the social worker for his case and have his second job garnished as they were not aware that the entire obligation amount was being taken from his first employer, which is a sigh of relief since I cannot return to work until August.

                          Bad news....the state isn't receiving all of the money that's being deducted from his paychecks so now it's a fight with the employer to find out where his money is going...gee, this is gonna be fun, lol.

                          Thanks everyone for your help and input. It was helpful and also nice to know that we're not the only ones who have had to deal with that.

                          The only thing that frustrates us (we know nothing can be done about it, but tell me if you agree) is the fact that his ex-wife collected almost $4k worth of ADC during the 4 years they were divorced and just recently was told she can no longer collect any ADC. Well now instead of his child support going to his daughter it's going to the state to pay back this ungodly amount. With an amount that big it's going to be a while until his daughter reaps the benefits of child support because the state wants to be paid back. His ex-wife chose to collect that ADC instead of work. She now only works because she can't receive the ADC. I say let her pay it back since she's the one who "borrowed" it instead of making the child suffer by not receiving the support.

                          **Sorry that was more of a rant than anything *blushes*

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