How Does Wage Garnishment Work in a Child Support Case?
One of the primary issues that must be resolved during divorce proceedings, for any couple who has a child from the marriage, is the determination of child custody and child support. When the decision has been made that one parent will retain custody and the other parent will be required to pay child support, so as to financially facilitate the upbringing of his or her child, the court will issue a child support order. This order will clearly dictate the exact amount which needs to be paid, the timeframe in which such payments must be made and where the payments must be sent.
Any failure to adhere to the terms of the child support order could result in legal actions being taken by the Florida Department of Revenue (DOR) to collect upon the money that is owed. Income withholding, also known as wage garnishment, is one legal action which the state can pursue so as to enforce payment on a child support order. When an individual is ordered to have his or her wages garnished, the individual's employer will receive an official notice to withhold a specified amount from his or her paycheck and send it directly to the state. The DOR will then see that the parent who is supposed to receive the child support payment gets the money that he or she is rightfully owed.
Under Florida law wage garnishments must be issued with a clearly set termination date to help ensure that once the child support obligation has been met no further garnishment or withholding will occur. As a Board Certified attorney of Marital and Family Law, who has been in practice for close to two decades, Charles A. Willmott, P.A. has helped numerous clients resolve their child support issues. Whether you need help enforcing child support orders or you need assistance with wage garnishment from a child support case, you would be well advised to call his firm and schedule an appointment to sit down with a Jacksonville divorce attorney as soon as possible.