Wage Garnishment

[suzi_swift]

What is the name of your state (only U.S. law)? Indiana

My ex is attempting to have my wages garnished in order to receive payment on our settlement. In our divorce decree no terms of payment were established.

I just recently was able to save up the money that was ordered I pay him--can I pay him off, in full, and stop the wage garnishment process? If I pay him in full will our court date still stand, or will we not have to go to court? Will I have to pay him for any attorney's fees associated with any of this (he's is coming after me for this as well).

Please advise ASAP, I received the court summons today and our court date is 9 days from now.

Thank you!What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana

My ex is attempting to have my wages garnished in order to receive payment on our settlement. In our divorce decree no terms of payment were established.

I just recently was able to save up the money that was ordered I pay him--can I pay him off, in full, and stop the wage garnishment process? If I pay him in full will our court date still stand, or will we not have to go to court? Will I have to pay him for any attorney's fees associated with any of this (he's is coming after me for this as well).

Please advise ASAP, I received the court summons today and our court date is 9 days from now.

Thank you!What is the name of your state (only U.S. law)?

I would pay him the amount you owe and then go to court to tell the judge that he has been paid. Better yet, pay him and have the attorney file a motion with the court for dismissal since the amount has been paid. That will save the judge from having a hearing. Then, if your ex wants to collect legal fees, he has to start a whole new hearing which probably isn't worth the trouble.

 

[LdiJ]

I would pay him the amount you owe and then go to court to tell the judge that he has been paid. Better yet, pay him and have the attorney file a motion with the court for dismissal since the amount has been paid. That will save the judge from having a hearing. Then, if your ex wants to collect legal fees, he has to start a whole new hearing which probably isn't worth the trouble.

I would advise slightly differently, since it doesn't appear that she has an attorney.

I would pay him in full, and make sure that I get a receipt...in other words, don't hand over the money without getting one.

Then I would still show up for the court date, even if his attorney told me it was cancelled. I would want to be certain that his attorney wouldn't show up to the court date to get attorney fees ordered...perhaps neglecting to mention that the debt had already been paid.

 

[suzi_swift]

I appreciate the feedback.

I plan to send a certified check via certified (return receipt) mail this afternoon.

I have called the attorney I used for my divorce, but she said she does not plan on representing me on this matter. So I will plan to still show up in court next week and hope this will all just end.

I don't understand how he could go after court costs/attorney fees from me. I would have made payments had it been stipulated in our divorce decree. But since no terms were set forth, I have been saving the money to pay him since we finalized the divorce (which has only been 8months). He makes 3x's more than I do anyway, so all of this irks me in the first place, but I can't do anything about it now.

Thanks for the advice.

 

[LdiJ]

I appreciate the feedback.

I plan to send a certified check via certified (return receipt) mail this afternoon.

I have called the attorney I used for my divorce, but she said she does not plan on representing me on this matter. So I will plan to still show up in court next week and hope this will all just end.

I don't understand how he could go after court costs/attorney fees from me. I would have made payments had it been stipulated in our divorce decree. But since no terms were set forth, I have been saving the money to pay him since we finalized the divorce (which has only been 8months). He makes 3x's more than I do anyway, so all of this irks me in the first place, but I can't do anything about it now.

Thanks for the advice.

I would recommend turning it over in person, and getting a receipt on the spot.

 

[Ohiogal]

I appreciate the feedback.

I plan to send a certified check via certified (return receipt) mail this afternoon.

I have called the attorney I used for my divorce, but she said she does not plan on representing me on this matter. So I will plan to still show up in court next week and hope this will all just end.

I don't understand how he could go after court costs/attorney fees from me. I would have made payments had it been stipulated in our divorce decree. But since no terms were set forth, I have been saving the money to pay him since we finalized the divorce (which has only been 8months). He makes 3x's more than I do anyway, so all of this irks me in the first place, but I can't do anything about it now.

Thanks for the advice.

You had a court order to pay and didn't pay in 8 months. That may not be considered a reasonable time. When no time is stipulated the courts default to a reasonable time. You may owe for court costs and attorney fees because the only reason he had to go to court was because you refused to pay. Your lack of following the court order is what necessitated the hearing and caused the fees and costs.