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Discussion Starter · #1 ·
At what point does the state start garnishing wages. X and I just got divorced 5 wks ago. The state is managing payments now and he's already 2 wks behind. How late does he have to be before the state takes action?
 

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Quote:

Originally Posted by cheyennemama View Post
At what point does the state start garnishing wages. X and I just got divorced 5 wks ago. The state is managing payments now and he's already 2 wks behind. How late does he have to be before the state takes action?
I'm a little confused, if the state is managing the payments, how is he behind? Also can you sign up to get the payments taken directly from his pay?

In NY, & I don't know if it's because he's a public employee, I can sign up to have the cs taken directly from his checks & directly deposited into my account.
 

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Depends on where you are and how much time and money the system has to pursue these guys. Here in La, I've got a sister with an x who is 5 years behind and no action yet.
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In the state of Texas, you have to apply with the attorney generals office for garnishment (even though all support payments are required to go through them, it's up to the custodial to apply for it after divorce) and it takes a few months to get it up and running.

My divorce was final Oct 29, 2004 (yay, 2 yrs!!!) and I applied w/ the atty general on Nov 1... my 1st check from his garnished wages was Dec 31, 04. The state of Texas does not consider you to be "late" until you are more than a month behind, so even though I recieve child support on the LAST day of each month, he is still current.

TX is pretty good... that 1st check, for Nov, I didn't recieve until 15 Dec. They had already sent out a letter to his command (he's military) and were planning on taking additional money each month (only $25, but they were on top of it, atleast) to cover the past due amount starting w/ that 31 Dec payment.

Good luck!
 

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Discussion Starter · #5 ·
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Originally Posted by starlight82 View Post
In the state of Texas, you have to apply with the attorney generals office for garnishment (even though all support payments are required to go through them, it's up to the custodial to apply for it after divorce)
I guess this is what I'm asking. I didn't insist on garnishing so I guess I have to wait now. It's "managed" meaning he has to pay the state directly and then they pay me. So the state's aware of his timeliness.
 

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The income withholding is the best way to go if you are worried about getting the payments in a timely fashion.

The FOC here put in the order for income withholding along with the recommendations for the amount. It did take a couple months for me to see any results in the form of payment though because his employer gets 21 days to adhere to the court order.
 

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I'm also in TX. My attorney filed a Withholding Order at the same time the Temporary Custody Order was filed. This was filed with the court, not through the AG. I don't know how long the employer legally has to come into compliance, forturnately X's employer got on the ball immediately. All c/s goes through the state Disbursement Unit, whether you have a W/O or not. Maybe your state also has a Withholding Order option.
 
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