is it legal for an apposing attorney to garnish my child support to pay a bill?
926531
It is if the presiding Judge allows it
801117
In the USA, highly unlikely that any retailer would spend the money to hire a lawyer to collect a debt unless you owed them tens upon tens of thousands of dollars. Most creditors hire collection agencies to negotiate debt repayment terms. But if it ever does go that far, then yes, you may possibly have your wages garnished.
759316
Check with an attorney in your state.
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.
946333
Legal fees must be "reasonable," based on work performed.\n\nReasonable is a relative term.  And it is reasonable if contractually agreed upon ahead of time.\n\nLook at the contract and determine the method of billing, probably hourly.\n\nIf the lawyer can demonstrate that he or she put in the time, the fee might be reasonable.  \n\nI do not bill any other way than hourly for contested divorce.  A seven year divorce would be costly, and is not based on the outcome.
1131044
normally no. they usually dont garnish your wages. Hardly any debts are garnishable if you are the head of household except if you owe the IRS they will garnish your wages for debts owed. Its a good idea though to attempt to pay your debts even if it means paying less than is owed until you pay them out.
101486
The very first thing is to get an attorney.  Repeat, “get an attorney.”\n\nYou are discussing something that the court may consider as separate issues.  I realize that you may view this as all one issue, but very often the court doesn’t.  Child support payments and visitations are usually considered separately and (from the point of view of the court) paying child support doesn’t have anything to do with visitation.  \n\nIf you are saying that you suspect that you are not the father of the child in question, KandyGirl is correct you will have to participate in a paternity test.  This is one reason that you need an attorney.  Even if you are found to be the father, your attorney will have to make the right presentation to the court concerning visitation and being the father may, or may not, have anything to do with how that turns out.  \n\nWhatever the circumstances, get an attorney, no one here can advise you.
245058
There should be laws in your state for deadbeat fathers. First, call the prosecuting attorney's office and ask for help.( I did read about the cash problem) He doesn't want his wages garnished....report what he is doing. Secondly, you may need an attorney so that you can keep him from seeing the children since he is such a bad influence on them. You do need help through the legal system. I am so sorry that he is so immature and mean that the doesn't put his own children's interests first. Good luck.
1066173
Payment is child support is not contingent upon anything. Certainly not on whether you see the child.\n\nYou owe child support payments because the child EXISTS not as a fee that buys you the right to anything. \n\nYou may have a right to demand that the child not be moved out of state but that is completely separate from your legal obligation to support your child.\n\nBut if you do not see the child then what possible reason could you have for wanting to keep the child in state?
972743
It varies from state to state, and I would recommend consulting with an attorney, but yes, the household income can determine the amount that can garnish from his wages, they usually don't garnish the non-parents income. Hold on, it's about to get bumpy.
1142399
Getting a court order for child support means going to court. Obviously. Depending on your state, there might be special family courts for that, or it might be part of the general state trial court system. Also, while there are standard filing fees, most courts have a procedure for waving those fees in cases of financial need.\n\nAs to the attorney, the laws can be complex and it's a good idea to have one, especially if the opposing side has one. However, legal aid clinics, pro bono referral services, and just do-it-yourself filings are all potential options to explore.
1059394
You are in a bind.  If, when, you let the attorney know that you have such a recording, then he or she will be less happy to represent you properly.  On the other hand, when the attorney demands more fees and payments, and you do not come through or balk at paying these, then the attorney can be less than stellar in representing your best interests.  Either way, it is difficult.  No matter, it is common practice that either you pay a flat fee or charges as they happen (like by the hour).  Either way, if the attorney has outside expenses, those are passed along to the client.  This would be true especially for a mediator.
474262
Only the court can issue orders to garnish wages. It's called Writ of Garnishment.\nOnce you go to court and win the judgment and your daughter doesn't pay, the court can issue the garnishment.\n\nAlthough, it would definitely put more stress on an already troubled relationship.  You just have to decide what is right.
204058
A legal judgment has to be filed against you in a court of law.  Depending on what the garnishment is for (child support, failure to pay a bill, etc.) a copy of the garnishment order is to be delivered to your employer by the county sheriff, and then the employer is to notify you of the action.
716568
Sorry to say this....but to pursue child support you HAVE to show them pay stubs.....so someone saw hers somewhere. If they miscalculated yours, call a hearing and detest it. But they go by gross not take home. Now if she is fraudulently getting money she has not claimed then you have to prove that! It's rough. I am sorry you are dealing with this.
589237
In my opinion, she should have given you the amounts AND receipts along the way, not 2 years worth at once without any proof of the bills.  That is going to make it harder for her to collect I imagine.  Sounds like she ran short of money and thought of you.\nSure you should pay what you agreed to, but a written agreement needs to be made about how she reports the expenditures to you and when you will reimburse her.\nAs to the courts, I am unsure if she can make you go to Arizona.  I suspect that the court in the State where the divorce was done would have jurisdiction.  Do you pay directly to her or through the state?  If the state, contact their child support office and/or the court where divorce was finalized.
528094
In my case, things got BETTER between my ex and I AFTER I took him to court for support.  \n\nIt was especially difficult because he is an attorney and tried to make it hard for me.  But, I went after everything I could because I figured that even the LAW would grant me more than he was leaving me and the children with - which was nothing!\n\nSo, I sued him and fought him.  I won enough to make a difference, and it was totally worth it.  I too have a child going to college in a few years, and I have younger ones too. \n\nFor the sake of your children, and for the sake of your own sanity, SUE him if you must.  \n\nMy ex has reluctantly accepted the situation, but I had to have his wages garnished before he finally came around, and now we're actually better friends than when we were married.\n\nIt's hard, I know.  But, it's worth it.  You can't afford NOT to go after him.  Your children are HIS children too.  \n\nGood luck!