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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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How do child support laws apply to wage garnishment?

May 24, 2011

mens divorce lawyer Janet Yu JohnstonQuestion:

I need financial advice on divorce. How do child support laws apply to wage garnishment?

My oldest son is now emancipated so how do I get the child support agency from stop garnishing my paychecks?


Posted by: mallen | Comment (0) |

Is it legal to garnish the sale of property to pay child support obligations?

May 19, 2011

divorce attorney Jill DuffyQuestion:

Do child support laws allow for the garnishment of property to pay child support?

I sold a piece of property, but the proceeds from the transaction were taken by the child support enforcement agency to pay my child support obligation.

Is this legal?


Posted by: mallen | Comment (0) |

Ask A Lawyer: Do I Pay My Support To The State?

Sep 23, 2009

Question:

I've been divorced for over a year now and have been paying child support every month without fail. Now, the state of Mississippi is telling me that the federal law says I must pay my support through them because my ex-wife is receiving food stamps. I provided the state proof that I am current on my support payments only to receive a call from the Human Resources department at my office a month later.  HR is now telling me that they received an order of garnishment from the state of Mississippi. I called the state and again they told me it's a federal law that if I have a job, support must be taken from my paycheck. It's an embarrassment at work and I feel it is all because my wife refuses to work. How do you recommend I handle this?


Posted by: pmcmahon | Comment (0) |

Ask a Lawyer: Garnishing Wages

Sep 05, 2007

Question:

This question is in reference to a friend! He is currently seperated from his wife, and she has a truck (which includes both his name and her name on the title, but is in her possession). She hasn't been paying the note on the car and now the car dealership that owns it is currently garnishing his wages (she doesn't work but draws a disability check every month) because of her non payment. What if anything can be done to resolve this issue? And since they are seperated and she has full possesion of the vehicle can he maybe take her to court and get repaid the money that has been garnished from his checks? HELP!!!

Answer:

I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. He needs to file for divorce or legal separation. When the matter is pending and his wife has been served with papers, he can filed for a temporary order (assuming KY has temporary orders) asking the court to require her to pay for the vehicle in her possession. In the final division of property he can ask for repayment of the lost wages per the garnishment. As the parties are not legally separated, half of his wages are her marital property and therefore it is unlikely that he will get the money back in the divorce.

Posted by: admin | Comment (0) |

Ask a Lawyer: Can't afford retroactive child support

Nov 29, 1999

Question:

My husband had an encounter with a woman 14 years ago. As a result, she had a daughter. He signed his rights away when she was born and seen her only a few times her whole life. The mother has been married and had a son with another man. The daughter refers to him as dad. My husband and I have two young daughters of our own. The other woman found out that he is making a nice salary and decided to sue for child support after all these years. We now have 954.00 taken out of my husbands check and just got a bill for another 910.00 for 14 years retroactive. If we pay the additional 910.00 a month our two little girls will have to do without. Where's the justice for them? Do we have any recourse considering the circumstances?

Answer:

I am not licensed in that State of Florida and therefore cannot answer your question specifically to the laws of that State. I am confused by the facts presented. If your husband signed away his rights, then he would not have any right to visit with the child, but the mother would have no right to collect child support. If he really terminated his parental rights you need to have that fact presented to the court that entered the child support order. Second, has there been a paternity test? Third was there an establishment of paternity by a court of law? Fourth, in my jurisdiction the court can only go back for child support for a period of ten years. Anything before that time is bared by the Statute of Limitations. Finally, there are limits to how much may be withheld from someone's net pay each month. If they are exceeding the federal or State guidelines on that issue you may have the right to quash the wage assignment. I highly suggest you contact a local attorney to review your case and options.

Posted by: admin | Comment (0) |
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