new york dad

[new york dad]

can anyone help me... i have just gone through a horrible divorce.. i have a good paying job, but now i only have 134.00/week to live on. i pay 625 a week for 3 children and alimony for my ex who is a registered nurse. i have pretty much lost everything, and now, my question is if i borrow from my 401k, can she also get more money next year because my income will be higher? I dont know what to do...i cant live on this..our company doesnt have much overtime anymore, and that was what my support was based on. can anyone help? thanks.

[xena]

can anyone help me... i have just gone through a horrible divorce.. i have a good paying job, but now i only have 134.00/week to live on. i pay 625 a week for 3 children and alimony for my ex who is a registered nurse. i have pretty much lost everything, and now, my question is if i borrow from my 401k, can she also get more money next year because my income will be higher? I dont know what to do...i cant live on this..our company doesnt have much overtime anymore, and that was what my support was based on. can anyone help? thanks.

Are you paying more than 50% of your net income for support? If so you might need to file to modify the support orders because fedral law does not allow more than 50% to be garnished from pay.

[boobatuba]

Are you paying more than 50% of your net income for support? If so you might need to file to modify the support orders because fedral law does not allow more than 50% to be garnished from pay.

Actually, unless he has a new spouse or other dependent children to support, the maximum allowable garnishment is 60% of disposable income, or 65% is he is 12 weeks or more in arrears (see Title III of the Consumer Credit Protection Act - 15 U.S.C. 1671).

[new york dad]

Im not paying over 50%. I gross 1200, and she has 625. THe killer is she gets that after my taxes. My concern is this: I had to take a withdrawl from my 401k to pay her $8000.00 attorney fees. This will be tacked on to my total income. Will the court look at that as my income if i try to downward my payment? i cant live on 134.00 a week. What exactly do they consider income? because if they look at my 401k withdraw, i might as well pack it up and move away.

[new york dad]

what is disposable income?

[new york dad]

i also want to say that i dont mind giving so much to my ex and the girls. I truly want them to have what they need. truth is, i havent heard from them. In aug 2005, i was bringing them back from camping and the mom and myself got into a heated arugment. When she tried to push me out the door, i pushed back. Bad mistake. She had me arrested, put an order of protection against me, and now i have to go to anger managment counseling and appear in idv court for compliance. I have wrote and sent cards. I have pleaded with them to call my cell phone. They dont. My hands are tied. I am a 23 year fireman, emt. I have never hit, or abused anyone in my life. This charge never went to trial, they just considered me guilty in divorce court. My ex is planning on marring an attorney now, and i am grateful that at least my girls will have a male figure to do things with them. God knows i couldnt even take them to Mcdonalds.

[boobatuba]

From the CCPA:

For the purposes of this title:
(a) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.

So, in English, disposable earnings is your gross pay, minus all taxes withheld and any other mandatory by law deductions (not child support). The money you took from your 401k should not be figured into your support calculation, just as any other major assets are not (house, cars, investments, etc.). Also, overtime is not usually counted in many states, since it is not guaranteed (as your situation proves).

How much do you net a week? That is, 1200 minus federal income tax, state income tax, social security, and medicare deductions? 60% of THAT amount is the maximum that can be legally garnished. Be aware, though, that CS can order more than the 60% in some cases...you would just have to pay what can't be garnished out-of-pocket (this is not likely, but does happen).

Since you said you have $134 a week to live on, does that mean your net each week is $759, or is the $134 what you have left after bills?

You're hands are certainly not tied - you should try to get to the support office and discuss these issues with your case worker. You may need to file for a modification, if the overtime you no longer get was really considered.

I understand what you are going through...I pay about 55% of my net in CS, and I also feel like you do in that I don't mind so much going to support my children. Please be proactive about the situation...the case worker is there to help you, so take advantage of that. Please feel free to send me a private message if you need someone to talk to who's been where you are.

Best of luck to you!

[new york dad]

thank you for responding. i sent a private message. i just called the support unit, and i have a few more calls in to other places. I know this may sound selfish, but all i want to do is maintain a living..and be able to pay my bills. i dont care about vacations, shopping, etc. i just want to be able to live.

[OpenEyes]

As very well you should be. I dont agree with how much support that a man has to pay out. Especially if the mother is working and has a good job herself. Sounds to me like you got the shaft. And in a big way. Sorry and hope everything works out for you.