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Discussion Starter · #1 ·
i thought garnishment was outlawed eons ago, but family and friends have said things like, "well they'll just garnish his wages!" in reference to me expressing concerns that i can't rely on him paying.
we just started the support proceedings stuff and he doesn't want to pay.
but i thought garnishment was illegal or just didn't happen. excuse my ignorance, please. i know NOTHING about all of this, save what i am learning daily as a newly single mom. AND there is another thread in currently in which the mama says "he hasn't paid the last two payments," and that sure sounds voluntary, not like garnishment.
anyone?
 

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oh yeah, theres still garnishment around. Dh ex's wages are being garnished for c/s.

when I was working, I had a few garnish requests come in from lawyers or banks.

if you're just starting proceedings, you might be able to have the garnish written in.

Good Luck!
 

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They do still garnish wages. They garnish my ex's wages when he will actually keep a job. I've been a single mom for yrs now, and in my experience it was never an over night thing. Sometimes it would take months. They would actually have to find out where he worked. Then they would send the paperwork, the company has about 14 days to fill it out and send it back and then usually it starts. Numerous times my ex has quit his job by the time child support got the paperwork started. It has always been a very frustrating experience. I'm sure every state is different though.
 

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Where I live they automatically garnish wages (no way around it. Even if mom and dad decide on their own that *x* will give *y* such and such an amount on *z* date the court won't go for it).

However, there is always a way around it (as many posters here will say). My ex is currently getting his wages garnished (has been for over 2 years). As far as I know he's working in the same place as he has for years with about the same hours. So why for the last 7 months have I not received the full amount? Beats me. FOC doesn't know why either. They told me that I'm not getting the full amount because they aren't getting the full amount. How the h*ll that's possible I don't know. Ex works for a small family run business. The only thing I can guess is that ex got his boss to send FOC a smaller amount than she should. I have NO idea why this person would put her job at risk (and risk jail time!) for him. But somewhere down the line someone is pissing me off big time.

I'm trying to learn to live without depending on it, but it's hard (as my checkbook will tell you).
 

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In my state they also automatically garnish wages for child support. It wasn't that way when I got divorced though, so I had to wait till he was a certain amount behind before being able to have his wages garnished.
 

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It's not every state is different, it's every county in every state is different.

In NY you have to get a court order to garnish wages. I had it done before the judge signed off on the divorce. He was supposed to submit it and of course he hasn't.
 

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I got a Wage Withholding Order at the same time we got Temporary Orders. I had to supply what I knew of his employment, salary, employer's address, etc. He is supposed to provide a pay stub, but I don't think he's done so (over a month past the deadline). I suspect his earnings are going to increase, but I don't know how I will find that out, and my attorney hasn't answered that for me (cs is a percentage of earnings in my state). His employer garnishes his wages and writes a check to the Domestic Relations Office, which then disburses the funds to me. I'm now elligible for direct deposit, which speeds up the process of me receiving the money.
 

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Discussion Starter · #8 ·
wow, so i guess this all was a help because it led me to know that i MUST ask the lawyer about these concerns but it also has me thinking of NEW issues, like the one that has recently been on my mind to find ways to do it without anything from him because garnishment or not, i think he's going to job hop to evade the system as much as possible.
do you all sit back sometimes and just wonder how it is that we once loved these people enough to create life with them?
:
: i was SURE he was "one of the good ones" and had no idea the extent of his mental illness. well, i didn't know there was ANY mental illness at all!
 

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My ex-dh's wages were garnished for child support for years. It just ended, in fact, because our dd turned 18 and the CSE determined he had made up for all the payments he missed before I initiated collection proceedings.

I was scared of his reaction when they started garnishing, but, you know what? He never said a word.
 

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Discussion Starter · #10 ·
gosh i could be so lucky, but as my last post said, he is mentally ill and i bet yours was just a normal guy with whom you simply could not stay in a union? if mine was actually the guy i met and fell in love with but we just had the issues that split us up ASIDE from him also being crazy, he might simply pay because THAT original guy would understand like normal people do. but this guy is not playing with the same deck of cards we started the game with.
 

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Quote:
and i bet yours was just a normal guy
LOL! I almost spit my water out when I read that!
Sorry, I'm not laughing at you, at all, of course that would be the natural assumption. Let's just say when I left him I was in fear for my life and that of our child and I had to stay in hiding for a while until I was sure he wasn't coming after me.


But, yeah, he has moments of normalcy.
Also, 11 years passed between the time we divorced and the time I finally got the nerve up to pursue him legally for child support. So we'd already had years of practice not talking to each other.
 

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I worked for a payroll company for a couple of years and wages are still garnished. Honestly, I think it's best all around that way, as the person who needs to pay has the money taken automatically and the person gets the check automatically. There is a paper trail- if a check isn't cashed, it can be reissued, etc. Of course, that's assuming that a person stays at a job long enough for the order to be put in place.

If the employer isn't in compliance w/the garnishment, they are able to have charges brought against them- fines and/or jail time, FWIR.
 

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Discussion Starter · #15 ·
oh at this point i am so happy to know it's a possibility. it will be sweet satisfaction if that's how it works here. so long as doesn't run, like i think he might!
 
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