Wage Garinshment

[LG_SHOMO]

What is the name of your state? NEVADA

I have a court order for child support $460.00 a month. The father is supposed to pay $230.00 by the 15th of each month and the additional $230.00 by the last day of the month. He always makes me call and ask him for the money, and last month he didn't finish paying me until the 5th of Dec. Can I have his wages garnished so I don't have to ask him for the money anymore, and where do I go to do it?

Thank you.

 

[LdiJ]

What is the name of your state? NEVADA

I have a court order for child support $460.00 a month. The father is supposed to pay $230.00 by the 15th of each month and the additional $230.00 by the last day of the month. He always makes me call and ask him for the money, and last month he didn't finish paying me until the 5th of Dec. Can I have his wages garnished so I don't have to ask him for the money anymore, and where do I go to do it?

Thank you.

Ok...now I am seriously confused. In your other thread you stated that he had never established paternity and that you did not want child support from him. So which is it?

 

[LG_SHOMO]

Sorry For The Confusion

We are talhing about 2 different children, and 2 different fathers. The one that I have the support order against is the father of my 8 year old daughter. He disappeared for the last 5 years and just recently came back and decided that he is ready to be a dad. Believe me I would rather he just go away also, but I don't think that is an option right now.

 

[Gracie3787]

What is the name of your state? NEVADA

I have a court order for child support $460.00 a month. The father is supposed to pay $230.00 by the 15th of each month and the additional $230.00 by the last day of the month. He always makes me call and ask him for the money, and last month he didn't finish paying me until the 5th of Dec. Can I have his wages garnished so I don't have to ask him for the money anymore, and where do I go to do it?

Thank you.

Is your state CS enforcement agency involved in your case?
If so, ask them to serve his employer with the garnishment order.

If they aren't, first you need to find out if a garnishment order is a part of the CS order. Go to the courthouse to see if it is. If there is one, you can get a CERTIFIED copy and serve his employer with it.
If there isn't any garnishment order, you'll need to file with the court for one.

 

[LG_SHOMO]

Is your state CS enforcement agency involved in your case?
If so, ask them to serve his employer with the garnishment order.

If they aren't, first you need to find out if a garnishment order is a part of the CS order. Go to the courthouse to see if it is. If there is one, you can get a CERTIFIED copy and serve his employer with it.
If there isn't any garnishment order, you'll need to file with the court for one.

No, they have not been involved up to this point because he was making his payments on time. I was under the impression that if you have a court order for child support that you could just go and file for a garnishment.

 

[Gracie3787]

No, they have not been involved up to this point because he was making his payments on time. I was under the impression that if you have a court order for child support that you could just go and file for a garnishment.

I don't know what your state's requirements are on garnishment orders, sorry. I know that in some states (Fl for one) that a garnishment order is made a part of the CS order, but I'm not sure if your state does the same.
The best place to find out is the court file. If there is an actual order for garnishment it will either be written into the court order, or will be a seperate piece of paper, attached to the court order, either way the file will be the best place to start.

 

[nextwife]

Depending upon the pay schedule, don't be surprised if a garnishment ends up being about the same delay until YOU recieve the check. If HE is paid on the 15th, for example, his employer will forward the check to CSE on the 15th when pay is distributed, and then again on the 30th or 31st. Then the check goes to CSE and you will get it after they recieve and process it.

 

[LdiJ]

Depending upon the pay schedule, don't be surprised if a garnishment ends up being about the same delay until YOU recieve the check. If HE is paid on the 15th, for example, his employer will forward the check to CSE on the 15th when pay is distributed, and then again on the 30th or 31st. Then the check goes to CSE and you will get it after they recieve and process it.

And that's assuming that the employer is prompt about remitting the money. Many of them are not.

 

[nextwife]

And that's assuming that the employer is prompt about remitting the money. Many of them are not.

Exactly. So getting a check by the 5th, if a party is paid on the 30th or 31st, is very optimistic.

 

[LdiJ]

Exactly. So getting a check by the 5th, if a party is paid on the 30th or 31st, is very optimistic.

I agree 100%. However, she also shouldn't have to "ask" him for the money every pay period. So, there could be an advantage to a garnishment.

 

[nextwife]

I wasn't sure if that meant she calls looking for it if it's NOT in hand by the 15th and 30th.