Having the non-custodial parent pay child support is relatively standard. But what happens when the non-custodial parent doesn’t make the payments or owes several months of child support? Well, there are several ways to solve this problem. But the most common way to do it is through wage garnishment. Thankfully an Arizona child custody attorney at Jensen Family Law can assist you with garnishing wages.
Suppose this is your first time hearing about wage garnishment, and you want to learn more about it. Then you’ve come to the right page. Here we’ll explain what wage garnishment is and how you can benefit from it. Read on to find out more about it and how it can assist you in resolving the problem of unpaid child support.
What Is The Garnishment Of Wages?
A wage garnishment occurs when an employee’s employer withholds funds from the worker’s paycheck in compliance with a judge’s ruling. Employees’ wages are garnished because they’ve fallen behind on child support payments. The creditor or the court might continue to take money out of your paycheck till the debt is completely paid.
How Much Of Your Income Can Be Garnished?
Federal law has created some limits regarding the different types of garnishments since the Title III of the Consumer Credit Protection Act was Passed in 1968.
According to this law, an employer can only garnish about 50% of the non-custodial parent’s disposable income for child support payments owed by the non-custodial parent.
This percentage will, however, increase to 60% if the non-custodial parent is not paying child support for another child or children not under the umbrella of child support. Another factor that increases this percentage is if the non-custodial parent is not supporting a spouse.
Also, the rate will increase by 5% if the non-custodial parent has yet to pay child support for three months.
What Is The Wage Garnishment Process?
Employers start the garnishment process after receiving a state notice mandating the action. Court documents establishing child support obligations will be attached to the letter.
In most cases, a letter explaining the wage garnishment will be issued to the employee by the company, usually with their next paycheck. This letter typically includes an explanation of the wage garnishment.
The employee (non-custodial parent) can file a lawsuit challenging the wage garnishment, arguing that the order is unjustified due to financial difficulties.
What Are Sources Of Income At Risk Of Garnishment?
Garnishment for child support arrears is not limited to wages but can encompass a wide range of financial assets.
The federal Office of Child Support Enforcement also states that garnishment can apply to incentives, bonuses, workers’ compensation income, and pensions.
Any form of income may be at risk of garnishment.
Why Should You Work With A Child Support Attorney?
Suppose you are the parent with custody after a divorce, and your kids are not up to 18 years; you will likely get paid child support. To ensure you get the right amount, you may need to hire a child support attorney.
Working with a child support attorney has many perks, which you will discover in the paragraphs below.
Quick Resolution To The Case
A custody battle can get complicated quickly due to the law. However, if you hire the services of a qualified attorney, they can help you settle things with your partner quickly.
They are Knowledgeable In The Judicial System
If you go to court, a child support attorney will present your argument in the most persuasive manner possible. They know what the family court judge wants to hear that could favor yours significantly.
If you do not have a lawyer representing you, you may find that the court immediately dismisses your case if you do not comply with specific regulations.
Also, you have an excellent chance of winning a custody battle in court if you have a competent lawyer representing you.
Prevent Grave Errors
It’s common for mistakes to happen when parents try to handle custody problems legally on their own. These mistakes can affect the standing of the parent who made it and makes things difficult for them and their kids down the line. This is why it is best to get an attorney involved right from the beginning.
When you hire a skilled custody attorney, they will efficiently handle your case, protecting your children from any mistakes that could affect their well-being.
Put Your Children’s Best Interests First
A child support attorney will prioritize your needs and those of your children. They will provide you with expert guidance as you seek a compromise that works for everyone involved.
Remember that the law is fluid, and it might be challenging to stay abreast of all the changes. Because of the intricate nature of the law, it pays to have a child support attorney by your side.