The lawyer sent me a copy of the withholding order and said Ex needed to give it to his HR dept. and point out the part about no arrears being owed. I tell this to Ex and he again says it is my responsibility to get this issue corrected, and that his HR dept can't do anything about it...I need to contact the company who sends the support checks.
Anyway, I was just curious to see if anyone else has had a similar issue, and is it really up to me to correct a mistake neither I or my lawyer made?
Mama to DS (5)
I am not in a state that has a third party send CS (I get it directly from ex - sometimes late, and recently one bounced check), so not much help. But you said you confirmed amounts with your lawyer - can you ask about this?
Mom to two terrific kiddos, affirming every day that the Universe is unfolding as it should and all is well...
I agree with the PPs that it's his issue.
I've done payroll before and often times the CS orders have an amount for different types of pay periods. For example pay x amount for monthly payroll, pay y for bi-weekly, pay z for semi monthly etc. It could be that is making it look like more but at the end of the year it will balance out.
If I were in your shoes, I would tell your ex that it is not up to you to get it fixed and that you will do nothing. If he wants the overpayment to stop, he will need to take care of it himself.
Also, how often does your ex get paid? If it is biweekly, the payroll dept. at his employer's could be misreading the order. Again, that is not your issue, but his.
I know with mine that it's a certain amount per WEEK, which gets multiplied by 52 and then divided by 12. If he were simply paying me by week, it would be a different amount each month depending on how many Fridays there were. So the average number is more than what I actually got when he was paying me directly, and more than what I factored into my budget. Could that be what's going on?
Living happily and loving it!
That seems to be a weird way to decide cs. I thought it was just a percentage of their check. I get 28 % of xh check every other friday.
I too think it is his problem and why worry about it at all. If he wants to pay you more let him. You alerted him of the situation ask your lawyer and let it be.
My ex is supposed to send me 483 every two weeks but sends 450- no idea why really but he does a ton extra for our kids- pays for all sports etc... so I can all but stay at home with the kids so we just sort of worked that out as ok. At first I was upset but i am happy to get it at all.