Why am I paying more in support than ordered to

Asked 9 months ago - Ballston Spa, NY

I am court ordered to pay support i am also paying back support....the support is doubled because of back support but on top of what i am paying, support collections is taking out $30 more than what the judge ordered...i have called support collections and they told me they can do it without judge approval...so what's the point of the order if support can take what they want

Attorney answers (4)

  1. Morghan L Richardson

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It sounds like you need to get the court to order a reasonable amount of arrears. Good luck!

  2. Nanette Ida Buoneto

    Contributor Level 8

    1

    Lawyer agrees

    Answered . The Court may issue an Order for arrears payments, but the additional $30 is concerning since the Support Collection Unit is generally required to adhere to the Court Order. However, this may be a fee that they are charging you. You should try calling again and determining what the additional $30 is for and then determine if you are required to pay it. There is an annual service fee that Child Support Services may charge, but generally it is charged to the custodial parent. If you have a hard time, it would be wise to speak with an attorney especially if the charge is recurring. Good luck!

  3. David Zaslavsky

    Contributor Level 18

    1

    Lawyer agrees

    Answered . SCU is about as close to a rogue agency as I have ever seen. If arrears are ordered, they can take up to 50 percent of your pay. Sometimes it can be as high as 65 percent. They do not have to follow the payment schedule set down by the court. Horrible but true.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  4. Maria C. Tebano

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The problem that you have is that if the judge indicates in the order how much you must pay toward arrears, the SCU may still collect additional amounts administratively to satisfy the arrears. You should file a petition in family court to get the amount adjusted and ask for an accounting.

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