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NO court order to garnish wages...

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What is the name of your state? Florida

Does there have to be a court order to have CSE garnish wages?

My husband was court ordered to pay his child support payments thru the Clerk of Court in our County. His CS is $525.00 a month. In the Court Order it states that he is to pay $262.50 on the 1st and the 15th of each month. He gets paid bi-weekly and his pay periods are NOT on the 1st and 15th. For (example) this months pay periods are the 9th and due to the Holiday the second one was the 21st instead of the 23rd.

My husband has not recieved any letters what so ever in regards to past due amounts in CS being owed. He has not recieved anything from CSE since the beginning letting him know that it would be going thru CSE.

My husband and his attorney petitioned the Court for a Supplemental Modification for Custody of his two daughters. The beginning of September they went to mediation. The CP told the mediator that my husband was behind on CS. When the mediator told my husband and his attorney of this my husband showed the mediator documented PROOF from the Clerk Of Court that was sign and notarized that he was current on his CS with 2 payments being made twice monthly in the amount of $262.50 since the CS order was put in place May 2005.

My husbands wages are directly deposited into his checking account. He logged online today to his checking account as he does weekly. And noticed that his full pay was not deposited. In shock he was so he went to the States website to pull up a copy of his earnings for this last pay period. There is where he discovered they are garnishing his wages for CS.

This isn't really a problem although it could have been if he hadn't of noticed the garnishment.

Questions are??.. Can they do this when CS is current and the fact there is NOT a Court Order to Garnish his wages??:confused:
 


LdiJ

Senior Member
What is the name of your state? Florida

Does there have to be a court order to have CSE garnish wages?

My husband was court ordered to pay his child support payments thru the Clerk of Court in our County. His CS is $525.00 a month. In the Court Order it states that he is to pay $262.50 on the 1st and the 15th of each month. He gets paid bi-weekly and his pay periods are NOT on the 1st and 15th. For (example) this months pay periods are the 9th and due to the Holiday the second one was the 21st instead of the 23rd.

My husband has not recieved any letters what so ever in regards to past due amounts in CS being owed. He has not recieved anything from CSE since the beginning letting him know that it would be going thru CSE.

My husband and his attorney petitioned the Court for a Supplemental Modification for Custody of his two daughters. The beginning of September they went to mediation. The CP told the mediator that my husband was behind on CS. When the mediator told my husband and his attorney of this my husband showed the mediator documented PROOF from the Clerk Of Court that was sign and notarized that he was current on his CS with 2 payments being made twice monthly in the amount of $262.50 since the CS order was put in place May 2005.

My husbands wages are directly deposited into his checking account. He logged online today to his checking account as he does weekly. And noticed that his full pay was not deposited. In shock he was so he went to the States website to pull up a copy of his earnings for this last pay period. There is where he discovered they are garnishing his wages for CS.

This isn't really a problem although it could have been if he hadn't of noticed the garnishment.

Questions are??.. Can they do this when CS is current and the fact there is NOT a Court Order to Garnish his wages??:confused:
Yes, they can do that. Don't fret about it...it honestly is in your husband's best interest as well for it to be done that way. There will never be any doubt as to whether or not his child support is paid on time.
 
Yes, they can do that. Don't fret about it...it honestly is in your husband's best interest as well for it to be done that way. There will never be any doubt as to whether or not his child support is paid on time.
Thank You for responding. Our thoughts exactly !!

Although he did get ill at first because there wasn't any notice. Just seemed a little strange that it occured and a shock that they garnish hubby's wages for being CURRENT with CS and so many others as myself are owed thousands and thousands of dollars in CS and yet it seems nothing is being done. Makes no sense..
 

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