The child support agency is taking twice the amount there supposed to how can I stop them ...

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The child support agency is taking twice the amount there supposed to how can I stop them

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DakotaLegal's picture

 

 
There are all too many times when, for a variety of mysterious reasons, fees are taken away from you by a State’s Child Support agency. One problem is (often) the difficulty in getting the facts, because the agency is sometimes less than helpful in reviewing your claim…in other words, they commonly put an unfair burden on you. So, it’s helpful to see their own rules and how they view their job in collecting support. It will help protect you from some rude shocks… http://dcss. dhs.georgia .gov/faq-0. The sometime seemingly hostile attitude from the state is why I start with a recommendation to try and find affordable legal help to work with them. After we look at some of these resources, we can also talk about some practical steps you need to take to (1) get an accurate accounting and (2) request a modification of the support you have been paying.
 
You can (depending on your income) ask for help from Georgia legal aid: http://www. georgialegalaid.org/issues/family-law-and-domestic-violence. If legal aid won’t help, try the Georgia Bar’s list of free (pro bono) legal help… http://www.atlantabar.org/ display common.cfm?an=1&subarticlenbr=94.
 


  • The Original Order

 
The first place to assess your duty to pay is in an order, since a court order is often on the “high end” of the State’s support guidelines. The facts of your case may dictate something beyond what you expected, so read the Order carefully and list errors or “changes in your circumstances.”
 
There’s even a possibility you may have overpaid child support in the past. This is most common if you didn’t have a lawyer or a paralegal help you with your support obligations. So if this time around, you do get legal help, be sure to specifically ask for a review to see about any possible overpayment under the original court order.
 

  • Georgia’s Guidelines

 
If you haven’t done so, go to an official child support calculator on-line: here’s one… http://www.divorcehq.com/calculators/georgia-child-support-calculator.shtml.
 

  • Exceptions To Guidelines: Try to Modify Payments?

 
Most people paying child support are happy to meet a fair obligation. But with tough times come greater difficulties in paying support. I am making an assumption here that you are primarily concerned about paying a correct amount under Georgia law…but also have a difficult time right now meeting that support deduction.
 
Here are the forms used to request a modification… http://www.lawlibrary. cobbcountyga.gov/downloads/ChildSupportModification/ChildSupPacket.pdf.
 
I recommend you calculate whether it is placing an undue hardship on your financial situation. But be careful. You can file for a modification of child support any time after the original order establishing the support obligation was entered. But if child support is modified, you can’t file another action for modification for another two years.
 
 

  • Are there other special rules?

 
There are cases where the state may be assessing costs not only under the child support guidelines, but also for health insurance costs. Check to see if this is part of the unexpected amount. In the same way, some agencies have incorrectly assessed past child support, or failed to accurately discharge prior payment amounts. You have the right to ask the court to order the custodial parent to give an accounting of where the support payments are going. This request should be based on some evidence that they are misusing money, such as for personal entertainment, drugs, or neglect of the kids.
 
This final point gets us to another special situation. You may also have a worry about “when” the state agency acted to collect support….what is called a ‘statute of limitations.’ Here’s a case describing that rule (OCGA §Ga. L.1997) and Georgia’s effort to remove any time limits on collecting child support from you: http://caselaw. findlaw.com/ ga-court-of-appeals/1127215.html.

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DakotaLegal's picture

 

 
There are all too many times when, for a variety of mysterious reasons, fees are taken away from you by a State’s Child Support agency. One problem is (often) the difficulty in getting the facts, because the agency is sometimes less than helpful in reviewing your claim…in other words, they commonly put an unfair burden on you. So, it’s helpful to see their own rules and how they view their job in collecting support. It will help protect you from some rude shocks… http://dcss. dhs.georgia .gov/faq-0. The sometime seemingly hostile attitude from the state is why I start with a recommendation to try and find affordable legal help to work with them. After we look at some of these resources, we can also talk about some practical steps you need to take to (1) get an accurate accounting and (2) request a modification of the support you have been paying.
 
You can (depending on your income) ask for help from Georgia legal aid: http://www. georgialegalaid.org/issues/family-law-and-domestic-violence. If legal aid won’t help, try the Georgia Bar’s list of free (pro bono) legal help… http://www.atlantabar.org/ display common.cfm?an=1&subarticlenbr=94.
 


  • The Original Order

 
The first place to assess your duty to pay is in an order, since a court order is often on the “high end” of the State’s support guidelines. The facts of your case may dictate something beyond what you expected, so read the Order carefully and list errors or “changes in your circumstances.”
 
There’s even a possibility you may have overpaid child support in the past. This is most common if you didn’t have a lawyer or a paralegal help you with your support obligations. So if this time around, you do get legal help, be sure to specifically ask for a review to see about any possible overpayment under the original court order.
 

  • Georgia’s Guidelines

 
If you haven’t done so, go to an official child support calculator on-line: here’s one… http://www.divorcehq.com/calculators/georgia-child-support-calculator.shtml.
 

  • Exceptions To Guidelines: Try to Modify Payments?

 
Most people paying child support are happy to meet a fair obligation. But with tough times come greater difficulties in paying support. I am making an assumption here that you are primarily concerned about paying a correct amount under Georgia law…but also have a difficult time right now meeting that support deduction.
 
Here are the forms used to request a modification… http://www.lawlibrary. cobbcountyga.gov/downloads/ChildSupportModification/ChildSupPacket.pdf.
 
I recommend you calculate whether it is placing an undue hardship on your financial situation. But be careful. You can file for a modification of child support any time after the original order establishing the support obligation was entered. But if child support is modified, you can’t file another action for modification for another two years.
 
 

  • Are there other special rules?

 
There are cases where the state may be assessing costs not only under the child support guidelines, but also for health insurance costs. Check to see if this is part of the unexpected amount. In the same way, some agencies have incorrectly assessed past child support, or failed to accurately discharge prior payment amounts. You have the right to ask the court to order the custodial parent to give an accounting of where the support payments are going. This request should be based on some evidence that they are misusing money, such as for personal entertainment, drugs, or neglect of the kids.
 
This final point gets us to another special situation. You may also have a worry about “when” the state agency acted to collect support….what is called a ‘statute of limitations.’ Here’s a case describing that rule (OCGA §Ga. L.1997) and Georgia’s effort to remove any time limits on collecting child support from you: http://caselaw. findlaw.com/ ga-court-of-appeals/1127215.html.