Here’s the truth about wage garnishment and child support…
Child support obligations are inescapable, and wage garnishments are one of the tools states use to ensure those payments are made.
Many clients ask me how child support laws handle garnishing wages for the purposes of collecting child support.
Some are adamant that they do not want their wages garnished because they do not want their employers to know their personal business. Some believe wages can’t be garnished if they are current with their child support payments. Others think only paychecks can be garnished and not other sources of income.
Let’s address child support wage garnishment issues.
A child support order can be collected on when it is issued. The holder/payee of the support order can use any legal means of collection at their disposal, including garnishment of wages, even forced sale of property. So it’s not just your paychecks that are effected.
Wage garnishments are intended to protect parents for accumulating arrearages on their support payments. It is often the perception that a paying parent should not be subject to any wage garnishment so long as they are current on their support payment.
But that isn’t the case.
Income deduction orders are authorized in all cases.
When this happens, your child’s custodial parent, his or her attorney or the clerk of the local court could file an “Income Execution for Support Enforcement Order” to recover the amounts owed, known as arrearages.
There are state and federal laws regarding how much of your income can be taken to satisfy the amounts due and to be due going forward.
IMPORTANT: All of this that I’ve just shared with you can be extremely intimidating and overwhelming which is why we offer a FREE Phone Consultation to ask questions and get clear on the things that will have the biggest impact in your case and situation.
The first step is to call (631) 543-3700 or fill in the form below this post and one of our senior partners will contact you as soon as they are available.