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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> garnishment
Jan 19
2010

Ask a Divorce Lawyer: How can I stop child support garnishment when my obligation has been met?

Posted by Matt Allen in military service , garnishment , garnished wages , Erica Christian , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question: I recently returned from military deployment where I completed my child support obligation in 2007. 

When I returned to my civilian job they continued to take child support from my pay despite numerous attempts from the Attorney General ordering them to stop the garnishment. I am at wits end. 

What can I do to stop this? I’ve already met my obligation!

 

Dec 07
2009

Ask a Divorce Lawyer: Is child support considered income subject to garnishment?

Posted by Matt Allen in wages , Jill Best , income , garnishment , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question: My daughter owes her lawyer $1,500 in fees and has been paying each month. Her lawyer wants full payment and my daughter presently is not working. Is it possible for the lawyer to garnish the child support she receives? This is her only means of income at the present.

 

Sep 23
2009

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

Posted by pmcmahon in Richard Coffee , Maintenance , garnishment , garnished wages , garnish , Cordell Cordell, PC , Child Support , Ask A Lawyer

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?

Mar 12
2009

Ask A Lawyer: Overpaying Child Support

Posted by Rick Ortiz in Richard Coffee , garnishment , garnished wages , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

My paycheck is currently being garnished for child support ($2000.00) monthly. My 2 children are grown, ages 24y and 21y. This garnishment should have stopped 4 months ago, however, it did not.

I don't know if I need an attorney at this point or if I can file the necessary papers myself. My ex-wife still feels that "I still owe her" but I have paid what I was ordered by the judge to pay and now overpaying her.

What do I need to do to stop this? Can I get the amount she has been overpaid repaid to me?

 

Feb 05
2006

Ask a Lawyer: Child support payment still being garnished

Posted by Dads Divorce in overpaid child support , Maintenance , income , IL , garnishment , emancipation , Child Support , Ask A Lawyer

Question:

My child support obligation ended years ago but is still being taken out of my paycheck. What do I need to do?

Answer:

File a Motion for Emancipation to terminate the order of child support. Make sure that the final order terminates the wage assignment as well. Also consider a Motion for Sums Due and Owing. I am not licensed in Illinois, but in Missouri, for example, it is the obligation of the parent receiving support to terminate the child support order. Therefore it is possible to recoup the overpaid child support.
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