My ex fiance sued me and he was awarded 3000.00. Can his attourney garnish my child support?
604336
Yeah, whoever said that once the $$ is in your bank its just considered $$ is right.  They won't take it out of your child support check, but once its in the bank its fair game.\n\nMy suggestion is not leaving any money in the bank until you can find a way to work out payments.  Just cash your check or get an account at another bank if you have to.  But I am not totally sure that the atty won't find the other bank account.  Keeping the $$ out of the bank is the best way to secure it and keep it in your posession.
1041903
They're not saying it's child support. You obviously agreed to the alimony payments in the divorce decree, and you are liable for them. The child support enforcement division has jurisdiction over all support payments. She has a right to enforce the tenets of the settlement agreement. If your financial status has changed, you can petition the court to revise.
579066
1. Continue with the child support action.  \nSince you say it was filed "through the state" the only issues at trial should be (1) paternity and (2) the amount of child support. The child support will be retroactive to when the case was filed, and may be retroactive to the date the child was born.  \n\nIf your ex is still in the military your child support will come out of his pay and the military will send the check directly to you.  Your child will also be eligible for all dependent coverage, including medical insurance, medical care through military hospitals, beneficiary of your ex's life insurance, disability pay, death benefits, etc.  Talk to a JAG at the base closest to you and find out what these are.\n\nChild visitation will probably not be heard at the trial, the ex would have had to have filed a separate action asking for visitation.  Even if he did, or does in the future, he's not goinng to get much, if any, given he's not seen or supported the child in two years.  \n\nIn the eyes of your daughter your husband is "daddy", she does not need any paper to know that.\n\nAt some time, in six or eight years, you can, if you want, inform her that 'daddy' is not her bio father.  In ten or sixteen years, or after bio dad is out of the picture (e.g. he's out of the military and you can't find him) your husband can adopt the child.  \n\nOf course, seek advice from an attorney who can ask and answer more questions than this posting can.
802331
Explain nothing to your son until you have sought advice from your attorney.\nHe is too little to understand what's going on and doesn't need to be but in the middle\nKids usually cope better in these situation then the adults do\nYour ex has never paid child support and would have to prove he his able to care for a child he doesn't even know let him spend the money with a lawyer to find out. Maybe when he knows he is responsible for all the back payments he might decide not to see the child
1133101
Florida has a very effective child support enforcement program.  However, it is sometimes administered indifferently according to the county where you live.\n\nIf your ex owes more than $5,000 in back support, you can:\n\n1.  Have his passport taken away - or blocked so that he won't get one when he wants to travel.\n\n2.  Have him arrested and brought before court on criminal charges.  If the amount he is behind is relatively small, he will be forced to make payment arrangements and kept under watch - if he owes a LOT he will go to jail.\n\n3.  Have his child support deducted from his pay check.  The state will not only collect the amount ordered by the courts, but also an additional amount, up to 45% of his total pay before taxes, to make up the back support due to you.  The state also add interest at 10% to what he owes you.\n\nThere is a fellow in Tallahassee by the name of Tommy Thompson who is the top official in the state for child support enforcement.  He's hard to find, but if you start at www.myflorida.com, you can hunt him down.\n\nBut first you need to go to the Department of Children and Families in the county where you live and call upon the child support enforcement people.  There you are able to file a formal request for help in child support collection and enforcement.  Make sure you take along copies of the court orders requiring payment of the support.  Take along a record of how much HAS been paid in child support since the order was issued.  You can hand-write that; even if you must use your memory unaided to remember, make sure you do your best.\n\nThen write down how many months there has been no child support.\n\nIf possible, also take along any records or notes that give the father's full name, permanent address, phone number, social security number, date of birth, driver's license or vehicle tag number if you have them, and place of employment - including his job title, his supervisor's name, and the address of the company.  If he is self-employed or works as an "independent contractor," the DCF staff will help you figure out how to attach his earnings to pay support.  (Especially if he is self-employed, take along a copy of one of his checks - or anything you can learn about his bank accounts.)\n\nBeing prepared and organized when you arrive to make your claim for help will make a very, very big difference in how the claim is handled.\n\nPaying child support is not supposed to make any difference in seeing the kids.  The children need both parents, it is important for them in ways apart from finances.  The law does not allow you to forbid visitation regardless of the status of support payments.\n\nBut the law can be a very imposing tool for collecting support, if you take advantage of the opportunity.
8452
It depends on the order of the court.  They can garnish your wages or seize your property depending on how much you owe and what the debt is for.
857925
If he ever threatens you with bodily harm or anything, file for a restraining order or protective order.  Given his criminal history, it may be possible for him to only be allowed court supervised visitation of the child.  You were right to demand that he only see the child during the court oredered visitation.  Do not feel one bit guilty about that.  As for the money, if the child is old enough to listen to what he says, the child is old enough to listen to what you say as well.  Tell the child that the money is what he is required to pay for supporting his child and it is not stolen, but is his responsibility to pay so you can feed the child.  That is honest.  Don't bad-mouth the father to the child.  Just state the facts without emotion.  Kids are pretty smart and can put it together. :o)\n\nDo be careful.  You might consider making sure you have good locks on your home and keep it locked all the time to protect yourself.  The law is on your side, so stick to it.  Don't play his game.  I told my ex that I wasn't his wife anymore and didn't have to fight with him, but that he could contact my attorney and/or the state child support office.  They get paid to deal with him so I don't have to.  You don't have to fight with your ex either.\n\nIf he ever threatens you bodily in any way.... take legal action immediately.  Do not hesitate to call the police and file a protective order.  We all have heard the horror stories of what twisted men do to women they supposedly "loved" at some point.  Be careful and use wisdom.\n\nBest Wishes,\n\nSue
238745
You have to have a written contract to be able to garnishee his wages. it would be of benefit to have a lawyer and you may be better to launch a civil suit.\n\nv. to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming. Garnishing wages is a typical means used to collect late child support and alimony payments or money judgments. Often the order will be to pay installment payments to the sheriff until the debt is collected. Then the sheriff pays the whole amount or payments to the person to whom the money is owed.
176026
Sorry buddy but you will have to pay it all.  It does not matter how old you child is now. Or even if the new dad is claiming him. All a judge is going to see is that you owe. Just because they may not need the money now they needed it then and did not get it. I know it was hard. It is for most fathers and mothers who have to pay. You can try. But I don't think its gonna go through.
511782
First of all he violated court orders. Talk to your attorney about reporting that and taking his fool butt back to court. \n\nSecond, you need to take copies of those court papers to the bank and deliver them to who ever is in charge of the debt. Since you have these, you are not liable for the debt. If they continue to bother you, you may need to get your attorney involved to shut them up. Best of luck.\n\nAdded: Be sure to add court costs to any suit you bring against your ex or the bank. That should help reduce your own costs. Heck, just sue the ex for any costs you incure due to his lack of action on those court orders. Take care.
734120
Contact that states Child Support Enforcement Unit and ask them.  They can best answer your question.
695594
if you received other income(child support, alimony etc) which would have possibly disqualified you then you might have a problem.  i would just call them and schedual an appointment to speak with your case worker. although it may be worrisome, dont let it whack your brian all day. just call in the morning and see what they are talking about.
459704
Yeah, it may be a shady way of doing it, but if his child support is not coming out of his paycheck, I mean, if he goes and pays it, stop paying it.\n\nSave the money and put it away so that when you go to court you can pay it right away.  \n\nOnce his ex quits getting money, she will call the court and file papers.  He will get served to appear in court.  She will be required to show up too.  When he gets there, and the judge asks what is going on, he can tell the judge he was trying to find his kids.  He can tell him he has all the back money he owes, but that he had no other way to find his kids.\n\nThe judge may get a little mad, but technically if he has the ability to pay the money he owes, they won't do anything to him.\n\nAlso, if he has court ordered visitation every other weekend or whatever, and she never had that changed while your husband was going through depression, she is in contempt of court for not letting him see his kids.  But like you said, it would require a lawyer to find her.\n\nHere are some other ideas.  Try doing some google's for her or the kids.  (If I google my name it goes right to the website of where I work) Check for school web sites.  Does she have any family?  Do you have any idea what city or even what state she may be in?  \n\nAlso, you can mail a letter to her old address and at the bottom you put "Address correction requested."  Make sure your return address is on it and make sure you write the request big and bold and put some extra postage on the letter...I forget how much extra it costs.  If she left a forwarding address with the post office, they will put a sticker on the envelope with her forwarding address and mail it back to you. :-)\n\nThere are some less legal ways to go about it, such as if he has her SSN and birthdate he can try to obtain a copy of her credit report (like through the annual free credit report thing) and it will have her most recent address.  \n\nAnd you would be surprised how a little being nice can help you.  You or your fiance can try calling places she used to work.  Make up a story that sounds good, say you are with a charity or something and call her previous employer.  Say something like, "Hi, my name is So-and_so and I am with the American Red Cross.  I am trying to reach So-and-so"  They will say she no longer works there and you can ask if they know where you can reach her.  You will probably get farther than your fiance with this type of stuff because people will be more suspicious of him looking for a woman.\n\nOr try calling some of the children's old friends.  Or anyone you think might have contact with his ex or the kids.\n\nI am quite good at this type of stuff, feel free to e-mail me and I would be happy to help you.\n\nGood Luck.
79757
i think it depends on the state you're in. in my state the support cannot be changed simply because someone remarries. when someone asks the court to modify the child support, here in my state, they only take into account the amount the father and mother make - not the "household" income. try calling a local law library for the specific rules in your state.
582753
You have to understand just as in any type of court hearing, just because you get a judgment doesnt mean that you will ever see a dime of your child support. \n\nOnce you receive your court order, you should read it very carefully to see when the payments are supposed to start. If you dont see a payment within 90 days after the first payment was supposed to have been received, you can petition the court, pro se, on your own, to have the absent parents wages garnished. Each State has their own rules of court, so depending on your state, you may or may not be able to garnish wages, if the absent parent makes less than a predetermined amount by the state you cannot garnish. Your best bet in that case, if you havent received payment within 90 days after the first payment was supposed to have been received, you can enlist the help of the Child Support Enforcement Division in your state. Keep in mind that if you receive any type of state or county welfare aid you will NOT receive child support checks, you will instead only be entitled to a $50.00 pass through payment. If you have been on welfare there most likely will be an arrears amount owing to the state or county and you wont see a single dime of your child support until that amount has been paid in full!
75940
Go to your county's Child Support Agency. It's in the phonebook. Call or walk-in. If the children are in your care for more than 1/2 the time, he will be required to pay child support. As far as him seeing them, you may have to go to mediation which cost me $100. I didn't request it, he did. Actually, he requested it 2 times. Do your best as far as that goes. You do have to cooperate with visitation but only if he's looking for the best interest of the child. Which is what the mediator does. However, the mediator will believe what he/she wants from both sides. Be polite. My ex started to get rude and it effected the outcome. I just stayed quiet during his little fit. I hope this helps. Good luck! Don't let him bully you out of this either. You're fighting for your children's rights.
57290
If you are legally married,you are entitled to half of his possessions, that is if you did not signed a Prenup. You can even get money for the time you have been separated, that is alimomy.Also the court will obligate the person to pay fully the amount owed for child sopport That is, The time that he never paid). It doesnt matter if you have not been together, legally you are his wife .