Garnishments of Unpaid Child Support

My question involves child support in the State of: Oregon

I pay my child support on time every month. The judge ordered back child support form day one. I owed a substantial amount of money from day one! Now, ALL of my federal tax refund was given toward child support. Fine. But now, every last penny from my bank account has been removed...

I have rent, I can't pay bills. The garnishment from my checks (which I opted for so that I could make sure it was being taken out and always on time) is too much for me as it is...

I don't understand.

I'm sure, obviously, they can and will do this, but why now, why all of a sudden and how come they just took all my money?????? I can't buy gas to go pick up my kids for my parenting time....

What do I need to file and how in order to get something done about this??

There's really not an awful lot you can do - you admit that you owed a substantial amount of money. The state has utilized legal remedies to make sure either they or the CP gets what is owed.

But can they take 100% of my income? I have bills to pay.. I make my payments every month. The state took my whole tax refund this year. I can't survive for my pay to be taken away from me for the next 6 months.. I can't technically afford to survive on what is already left in the first place. Now to have more taken??

I'm confused about this instance though. My bank statement says. "Processing Garnishment (dad's name) Clackamas County" and "Withdrawl garnishment (dad's name) clackamas county" .. is this something seperate? It's not from the state.

The thing is, they haven't technically taken 100% of your income - not in the legal sense regarding wage garnishment, anyway.

What they've done is levied your bank account. In other words, once your wages (garnished or not) hit the account, the money is fair play.

Have you discussed this with CSE?

Right because they go off gross.. It was after 5 when I noticed the money missing. I don't understand. Why now? The order has been in place for two years.

Okay - how much is the full amount of the arrears?

Have you actually been paying on the arrears as well as your current obligation?

I owe $3050 down from $5000 - ish. I pay my monthly $421, plus what they set up to go toward arrears. $235.48 is taken out of my checks which I get every other week.

You need to call and talk with your case worker.

If arrears are actually been paid towards, very generally they'll work with the obligor.

Very generally.. :) I guess that's hopeful?! Hopefully it's open tomorrow... would they take my directly deposited check from my account tomorrow? I have to pay rent..

like it matters... they took the other half.

Quote:

---

Quoting Dogmatique

---

You need to call and talk with your case worker.

If arrears are actually been paid towards, very generally they'll work with the obligor.

---

I'm surprised that they levied your bank account if you have a payment plan set up and payments are being withheld from your paychecks. The IRS levy? That's normal. But draining your account in addition to the wage garnishment and IRS garnishment? That seems a bit like overkill to me.

You should have received a form with respect to the bank levy to dispute the funds drained from your account.

Call CSE first thing in the morning. Do you have a copy of the order setting forth the monthly obligation plus a payment plan for the back support?

Generally CSE will not levy your account when you have an order for current support plus additional funds to be applied towards arrearages.

I'm sorry this has happened to you. If CSE won't work with you to release the funds levied from your bank account you should try to go before the court to seek an order to return those funds back to you.