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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
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.
Jan 05
2005

Ask a Lawyer: Currently stationed in Iraq

Posted by Dads Divorce in soldier , NC , multi-state , military service , Maintenance , Iraq , garnishment , duty , Child Support , Ask A Lawyer

Question:

My new wife was just served with a complaint from Pennsylvania where we live. It was sent by the state of North Carolina where my ex lives. She is requesting more money. They requested me to show up but I currently live in Iraq... She filed this motion in NC and in PA. So I have NC garnishing my money and I have PA requesting documents from me to modify and garnish my wages... What am I to do?

Answer:

Have your current wife retain an attorney and seek protection under the Soldiers and Sailor's Relief Act. This Act prevents the prosecution of litigation against military personel on active duty. This will delay the action until your return, but not prevent the action from going forward when you return. With regard to the situation presented, it appears from the limited information presented that the proper procedure under the uniform child support statutes is being followed. The State that is the residence of the child will perform the modification, but your State of residence will enforce the action.
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