Question:

My ex-wife's parents have child custody of my 21-year-old daughter, who now has a child of her own and no longer lives with her grandparents.

Seemingly out of nowhere, my paychecks started being garnished for child support even though it was determined my ex-wife should be the one paying child support after I no longer owed my share of back child support. My daughter told me the money is going to her grandparents.

What can I do to keep the state from garnishing my paychecks for a child support order that I don't believe should exist?

Answer:

I am only licensed to practice law in Missouri so I am unable to give you legal advice on divorce in your state. I can give general divorce help for men, though.

Although your daughter has told you that the money that is being garnished is going to your ex-wife's parents, you should first confirm the source of the garnishment. Your employer should be able to provide information to confirm the source of the garnishment.

Your question states that there was a determination that you did not owe back child support, and that your ex-wife was ordered to pay child support, but your question does not state whether there was or is still a child support order entered against you. 

If there is a child support order entered against you, you could file with the court an Affidavit for Termination of Child Support and claim that your daughter is emancipated. 

Since she is now living on her own, you could claim that she is not entitled to parental support since she is self-supporting and not under the "parental" control of her grandparents. 

Remember, I have only provided you with general information, not financial advice on divorce.

To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.