I'm Dennis Molamphy and I have been practicing family law for about 32 years. I quite frankly missed the 2012 Guidelines changes due to some family illness but I am gearing up for the 2016 Guidelines. During that process, I noted that there is a little bit of greed coming from the collection process. My base child support is $100.00 and I get hit with a 4% collection fee so my support is increased to $102.00. However, I believe that my $102.00 is reduced by 4% of $102.00 or by $4.08! This means that the custodial parent gets a check for $100.00 minus $4.08 or $97.92.
But the fee is calculated from my child support of $100.00 so why does someone or something get an extra 8 cents for collecting a "fee on a fee?" That 8 cents belongs to my child and not the collector. True, this is only .08% of the $100.00 but think how much someone's been getting from all of the children over the years.
Of course, the solution is remarkably complex that it is almost beyond comprehension. Oh, no. Anyone selling an item at a fixed fee that includes sales tax (should) know that the formula for the actual price of the item is x = total price/(1 + sales tax) and the sales tax is x * sales tax. If I get $10,000 for the sale of my widgets, the actual price of the widgets is $9,523.81 and my 5% sales tax is $9,523.81 * 5% or $476.19 rather than $10,000 * 5% or $500.00.
For those in Topeka who don't care, that means that the 4.0% fee is actually 3.9215686% and the 2.5% fee is actually 2.4691358%. I will admit that these are pretty long digits but I bet that they fit on the computers.
Fight the "fee on fee." It's only money for your children. How about putting in the Guidelines that the collection fee must be based on the child support and not the child support plus the collection fee.
Note that this is not an issue for the flat fee collection process.
Dennis