Child Support Payment Suddenly Lowered in New York

My question involves child support in the State of: New York

My wife has been receiving support thru the SCU system since 2006 in NY per court order. This week, all of a sudden, the payment was significantly lower. She has called the SCU and put in request for them to contact his employer and find out why the full amount wasn't paid. It will take 20 days to get an answer.

We are wondering what are the possibilities here. It's ironic that it has happened around tax time. If he were to owe the IRS, would they be getting paid before the child support?

He is the type who can afford to pay, but looks for ways to avoid it. He would rather the money go elsewhere than to the children's mother, so that's why we are a little concerned that he may have tricked the system somehow, or is it most likely just a human error at the payroll department when income withholding is processed?

She is already filing a violation because he has failed to reimburse her for court ordered medical reimbursement, so it will no doubt be addressed during that court date. But that could be a ways off. We were hoping to get an idea on here of what possibly may have happened with the support payments....

Thanks

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I forgot to mention that he did recently petition for a downward mod and has claimed that since he pays for his wifes college and his step daughters medical procedures, he doesn't have the money to pay child support.

We just have a feeling he has manipulated things somehow to reduce his payments somehow.

The IRS will intercept his refund before he gets any leftovers. But given that the IRS has only JUST begun to process returns, he won't have received a darned cent yet (and neither will they, from whatever he owes - that's assuming he was due a refund to begin with).

We can't really guess what may or may not have happened. He won't get a downwards mod though for the reasons given - that's assuming the order is out of New York.

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Quoting Dogmatique

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The IRS will intercept his refund before he gets any leftovers. But given that the IRS has only JUST begun to process returns, he won't have received a darned cent yet (and neither will they, from whatever he owes - that's assuming he was due a refund to begin with).

We can't really guess what may or may not have happened. He won't get a downwards mod though for the reasons given - that's assuming the order is out of New York.

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IF his wages are being garnished by the IRS, who would get paid first, IRS or the SCU system?

Also, I mentioned he owes about 2 years arrears for medical reimbursement. We have all the receipts and billing statements that she has sent him in attempt to collect. Is it necessary to file the violation or can the SCU office take action to enforce payment without filing the violation?

Is there actually an order/request from child support enforcement REQUESTING that his tax refunds are intercepted to satisfy a child support debt? It's not automatic.

Generally (as I just explained to HorsyJess), enforcement won't go after delinquent medical bills. Your wife has two options - either family court, or small claims if they'll handle it in your area.

I'll be blunt though - if she's sat on this for 2 years, she might not be happy with what happens in court.

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Quoting axxel

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IF his wages are being garnished by the IRS, who would get paid first, IRS or the SCU system?

Also, I mentioned he owes about 2 years arrears for medical reimbursement. We have all the receipts and billing statements that she has sent him in attempt to collect. Is it necessary to file the violation or can the SCU office take action to enforce payment without filing the violation?

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Unfortunately, the IRS comes first...and they are able to garnish much higher amounts than child support can garnish.

Oh they'll take the whole darned thing for a tax debt - right, llworking?

(Assuming the debt is more than or equal to the refund amount)

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Quoting llworking

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Unfortunately, the IRS comes first...and they are able to garnish much higher amounts than child support can garnish.

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Could he have purposely WAY underpaid/stiffed IRS in hopes of being garnished by them?

Oh sure, but again, there's absolutely NO WAY that this would even be an issue at this moment in time.

Again, IRS doesn't automatically intercept even a tax debt. The taxes need to be assessed, first, for one thing.

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(And while I know it happens, nobody in their right mind would do that just to avoid child support. The IRS are sort of Harry Potter to Voldemort's most lowly child support collector)

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Could it be something so innocuous as him changing jobs?


Has anyone bothered to actually ASK Dad?

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Quoting Dogmatique

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Oh sure, but again, there's absolutely NO WAY that this would even be an issue at this moment in time.

Again, IRS doesn't automatically intercept even a tax debt. The taxes need to be assessed, first, for one thing.

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(And while I know it happens, nobody in their right mind would do that just to avoid child support. The IRS are sort of Harry Potter to Voldemort's most lowly child support collector)

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Could it be something so innocuous as him changing jobs?


Has anyone bothered to actually ASK Dad?

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No she hasn't because she most likely won't get an honest answer. We know he hasn't changed jobs though.

Can you please state what statute or source indicates IRS garnish trumps child support? I have read conflicting info on this.

You haven't answered my question.

Is there even a tax levy relating to child support? Once again, it is NOT automatic.

(Sorry, but if everyone thinks Dad's a liar, how exactly does Mom know he hasn't changed jobs?)

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Quoting Dogmatique

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You haven't answered my question.

Is there even a tax levy relating to child support? Once again, it is NOT automatic.

(Sorry, but if everyone thinks Dad's a liar, how exactly does Mom know he hasn't changed jobs?)

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Not sure what you mean about the tax levy to child support, but I don't think so.

Because he works where we drop the boys off for his visitation, and he is still working there. Not trying to slander their father or name call. It's just a difficult and frustrating situation.

It's also not legally your situation :)

If the IRS hasn't received instruction to levy any/all refunds for the purpose of fulfilling child support obligations, then it's not going to happen.

Now let me just clarify, if I may? He's what - at most, a week late?

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Quoting Dogmatique

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It's also not legally your situation :)

If the IRS hasn't received instruction to levy any/all refunds for the purpose of fulfilling child support obligations, then it's not going to happen.

Now let me just clarify, if I may? He's what - at most, a week late?

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I'm not referring to tax return refund. I am asking a scenario question: If one has IRS garnishing paychecks, will IRS be withheld before child support?

The payment the last two weeks she has received thru SCU has been significantly lower, and she has never experienced this before. That's why she has been asking around to see why.

In all honesty, He probably changed jobs or had a decrease in pay. In most states, the CS department cannot garnish more the 50% of a paycheck. If he took a significant pay cut for any reason, they can't take more then 50% of his net pay out of the check. This happened to me, my EX complained to every department she could, to find out why she wan't getting all her money. Meanwhile I counldn't afford my rent and BARE living expenses. Thank goodness that's all in the past for me.