Legal Question in Family Law in Alabama
child support
If the divorce decree orders child support of $275 be paid and only $263 is received (consistently for years) where does the other $22 per month go? Does the recipient lose that $22 in processing fees?
Thank you
3 Answers from Attorneys
Re: child support
Yes, its called 'poundage'. But the poundage should be over and above the support ordered.
Re: child support
From the facts you provided, it is unclear whether Alabama or Ohio law would control in your situation, and the distinction is important because the law is different in both states. In Alabama, the $22 underpayment would not be lost by the custodial parent, but would accumulate in arrearage at the rate of 12% simple interest each year. If, however, the child support is being paid pursuant to the non-custodial parent's employer's wage payment schedule (for example, a bi-weekly payment of $126), you would look at the total amount paid over the year to see if the $275/month amount was being met.
Re: child support
This depends on whether the fee was paid through CSEA. CSEA takes a handling fee.