# Child Support



## Sofa Sleeper (Aug 17, 2017)

How does the state garnish the wages of a father that intentionally takes a waiter job to avoid child support being garnished from a paycheck? Am I just screwed as well as his first wife? Does anyone have any experience with this type of situation?


----------



## farsidejunky (Mar 19, 2014)

Hey there, SS.

What did the DCS person say when you asked them? 

Sounds like things have not improved...


----------



## Primrose (Mar 4, 2015)

Do you have a lawyer you can ask? Or maybe go up to your local attorney general's office. If it's on file with the attorney's general office, you will be entitled to his tax refund if he files (assuming he's behind on court ordered child support).


----------



## uhtred (Jun 22, 2016)

Revenge is a dish best never served.


----------



## Affaircare (Jan 11, 2010)

Sofa Sleeper said:


> How does the state garnish the wages of a father that intentionally takes a waiter job to avoid child support being garnished from a paycheck? Am I just screwed as well as his first wife? Does anyone have any experience with this type of situation?


Using very loose terms, a waitperson is paid a certain wage (minimum wage, for example) via a paycheck and the remainder would be tips, and from a payroll point of view, they have to declare their tips...at minimum the amount declared on credit card tips, and at maximuma certain % by law such at 15% of their wage. 

So if he makes $9 hour (minimum wage) and earns $15 on his credit card tips and $5 more in cash (for super easy numbers), he'd have to declare the greater of $15 (from credit cards) or X% of the $9/hr he was paid for his hours. He has to declare this as income or he's in trouble with the IRS.

Okay for garnishing, the payroll people at the restaurant would have to get the garnishment order in their office. Then whatever the check was at $9/hr...they would take the garnishment out of that before they even write his check. They can't take it out of the cash or declared tips because they don't have access to it. So again, real numbers, if he works 25 hours per week, $9/hr. the paycheck every other week would be $450. Tips let's say are 10% or $45. Take out normal payroll taxes ON THE PAYCHECK AND THE DECLARED TIPS ($450-$45=$495) and that's about $100 in taxes, Soc.Sec. etc. So the check is down to $350. Then take out any garnishments ($200 for his exW and $100 for you) and they'd write him a check for $50. 

See how that goes? 

Now my guess is that he won't earn as much or enough for his check to cover the taxes and SSN ....AND the child support from exW and you. Thus his paychecks will likely be entirely eatten up and you'll likely be short on child support, so prepare for how you're going to live now. And when he's behind a certain amount (like he's behind by $1000 or $2000 or whatever), then you can take him to court...but you can't get blood from a turnip. The court will enforce that tax refunds go to you, etc. but in the end if he doesn't earn you can't make him. 

If I were you, I'd begin to figure out now how you're going to live without the CS, and then if some does get garnished, it's gravy.


----------



## Mr. Nail (Apr 26, 2011)

There are two ticklish situations here. One is the tips. Tip income is reported and taxed. I suppose it may be easier to under report tip income, but it is still illegal. Second is the double garnishment. Since there are 2 child support payments to be made both have to be garnished. Many states have a garnishment limit. usually a certain amount must be paid to the worker every pay period even if all of the garnishments aren't paid. My memory is that we paid the oldest garnishment first. Now this is an important bit, just because the employer can't garnish, doesn't mean that the employee doesn't still owe the payment and he would be liable to prosecution, fines, and interest. 

Eventually you will get it. But it won't help you raise the kid now. There are getting to be a lot of men in this situation where they owe support to multiple mothers of their multiple children.


----------



## Sofa Sleeper (Aug 17, 2017)

Sorry, I was at my little girls' first ballet class. Okay, so we have been separated 7 months. He agreed upfront to pay child support. He paid it twice. Then he was terminated from his job and has been broke the past 5 months. So I finally contacted the Department of Family Services and an enforcement case has been initiated. However, he (husband) admitted to me that he was trying to get a waiter job to have instant cash and not avoid CS being deducted from his check. He now has two states after him for child support. 

AffairCare, I work now and solely support all 6 of my kids by myself and feel pretty proud of myself for it. I have moved into a new rental house with the kids and everything is in my name only now. I had no other choice. Sadly, I cannot depend upon him for a single thing. BUT...the fact that he is intentionally avoiding paying child support is wrong. I was just wondering how a child support amount would even be calculated with this type of "waiter" job. He has always been in restaurant management and made a VERY good salary and he is "dumbing himself down" to avoid child support. 

I filed taxes as Head of Household instead of married filing separately and claimed all of the kids. I knew any refund he would get would be intercepted by the state his first set of kids live in for back child support he has not paid. 

And Farside....no things have not improved. On my end, I'm doing well still though. He is not consistent with anything and we cannot count on him to ever show up when he says he will or to be at our kid's special school events or anything. He lives 4 miles down the road with his parents too and is unemployed, so I'm not sure what the excuse is. He still asks me for favors and to borrow money from me too. It's beyond ridiculous. He owes me months worth of child support and several hundred dollars in money he's "borrowed" from me for gas to get to soccer (rolling my eyes) and cigarettes. However, I'll never be paid back. I've accepted that.

My friends and counselor are begging me to be done with him. He's showing his true colors and they cannot understand why I'd ever want reconciliation with him. His actions are hurtful.


----------



## Pluto2 (Aug 17, 2011)

If he is intentionally unemployed or underemployed the court can impute income to him for purposes of child support. I don't believe DHS will willingly take on that kind of an issue. It is really something for a private attorney, but it never hurts to ask.

Keep being strong. Some men (not all) never take responsibility for themselves or their kids. It is not fair, now. But over the years you and your children will benefit from being able to know who they can depend on. They see who is there for them, and who is not. I speak from experience.


----------

