Need2AskALawyer is the fathers rights article section on SingleDad. Divorced Dads Question on Wage Garnishment and Child Support Payments...

Need 2 Ask Lawyer: Wage Garnishment, Child Support

Author: Matt Allen, Editor, DadsDivorce

Posted: 04/20/12

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Need 2 Ask a Lawyer Blog: Child Support Wage Garnishment

Question:

My divorce decree states that if I am more than 45 days late with my monthly child support payment then my wages are subject to garnishment.

My ex-wife claims my wages can still be garnished to ensure payment even though I have never been late with a child support payment. Is this true?

Answer:

From Cordell & Cordell mens divorce attorney Jill Duffy:

In general, there are two types of garnishment: periodic and non-periodic. Periodic garnishments allow a creditor to take a percentage of your paycheck. Non-periodic garnishments are one-shot attempts to collect funds, usually directed at bank accounts. A garnishment order is valid for 91 days, and thereafter the creditor must petition the court again.

The answer to your question will depend on the specific language in your Judgment of Divorce. Generally, any creditor can petition the court for a writ of garnishment to collect monies owed. But, if you and your ex agreed that there would be a 45-day grace period and it is written in your Judgment, a writ of garnishment cannot be issued until that time period has expired.

If your wife files a petition for garnishment you should object to it and bring your Judgment of Divorce to court to show the judge that you have both agreed to a grace period. Unless there is a compelling reason not to, the judge will likely uphold the grace period you agreed to.

Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell represents men in divorce nationwide.

Matt Allen is the editor of DadsDivorce.com. DadsDivorce.com was founded by Joseph E. Cordell for the purpose of informing fathers about their rights during divorce litigation, while providing them with concrete, practical resources to achieve the best results in the courtroom.