LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Mark,

I would suggest that you talk to a lawyer about bringing a motion to vary the amount of support you are paying due to a material change in cir...stances. You will need to produce proof that your income is substantially lower than when the original order was made.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I sale capitol equipment. The judge made a ruling based on my two best years in the company. (2006&2007). I am paying 2K in child support and 4K in alimony. I would be OK with that, but my industry has tanked and now I only bring $7K total. Can I go in contempt and just have to pay the 50% garnishment under the consumer protection act? How should I proceed. Thanks Mark in Washington State

-- Contributed by: mark

Chris,

With the exception of wage garnishments for child support, alimony, bankruptcy, and taxes, your wages cannot be garnished by more than 25% of your disposable income or the amount your wages exceed 30 times the federal minimum wage. The relevant piece of legislation is Title III of the Consumer Credit Protection Act (CCPA).

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I currently pay child support that amounts to 40% of my disposable inome. My employer recieved two student loan garnishment orders that amount to an additional 40% deduction of my disposable income. When I pointed out that there are limits to the amount that can be garnished by federal law, she said that they were only obligated to pay me 30 times the minimum wage. Is this true. I llive in tx where anything is possible

-- Contributed by: Chris

Danny,

Here is some information found at http://family-law.lawyers.com/adoptions/Family-Law-Adoption-FAQ.html that will help to answer your question: "In many states, your ex-husband has no obligation to support your son after the adoption. However, the adoption normally wouldn't alter any child support arrearage that ac...ulated before the adoption, so your ex-husband would still be liable for support that was unpaid prior to the adoption.

The adoption terminates the legal relationship between the parent and the child, and creates a legal relationship between the adoptive parent and the child. It is that relationship which is the source of the obligation to pay support."

I would suggest that you contact a lawyer to get advice about your situation and how to proceed.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I have been divorced for many years & have a 17year old child that i alowed my x-wifes new husband to adopted when she was 6 years old! now they say i owe child support. I have always got a tax refund but this year when i check my refund status it has The topic 203 - which is failure to pay child support & will go to the offset program I live in Texas & they live in Mississippi, is there any thing i can do? Thanks Danny

-- Contributed by: Danny

Claudetta,

I haven't been able to find any reference to alimony payments received being exempt from garnishment.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

I am divorced and collecting alimony. Can one of my creditors garnish or lien or take any of my alimony payments, or force my ex to pay the alimony to them ?

-- Contributed by: claudette

Suzanne,

Yes, Suzanne, wages can be garnished automatically even if they are not behind. Some states have provisions so that all orders for child support or alimony are dealt with in this manner.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Can wages be garnished if child support/alimony is not behind?

-- Contributed by: Suzanne

Hi Slumner,

You haven't indicated whether you have a court order that both of you are responsible for this bill. If so, you may be able to file an application that your ex is in contempt for not paying. Please consult an attorney to find out how to proceed in your situation.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My ex husband and I are now divorced and it has been final for close to two years, we had one outstanding joint bill together which we were both required to make a minimum payment each month until the bill was paid...he has not made a payment in two years. Now I am trying to garnish his wages for it. We were divorced in Colorado and now he has moved to California. He works for the federal prison and I have his social security now. Can I garnish his wages for this type of bill since it isn't child support or alimony?

-- Contributed by: slumner

Hi Mary,

You didn't say where you live but I am assuming you are in Florida. If a court order has been signed directing that alimony is to be paid and payments are not being made, a Motion for Contempt of Enforcement would need to be filed. A lawyer should be consulted to help with this process. Once the motion has been heard, then steps can be taken to enforce the alimony order in whatever state the former spouse resides in. The Florida Bar Assocation has a lawyer referral service (Call 1-800-342-8011 to get a referral), or contact the local Legal Aid office for assistance.

-- Contributed by: JCRedmond

Would it be possible for the ex wife to have an automatic garnishment of wages if the ex husband wont pay the alimony even though the ex husband move in Las Vegas? Both parties lives in Florida?

-- Contributed by: Mary
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