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Stopping Wage Attachment in GA after age of majority

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topsidder

Member
What is the name of your state? Georgia

Ok, simple question I hope.

The minor will be 18 in August 2004.

Currently under a wage attachment for support. Current order does not address date of termination.

Divorce Decree does (dated 1989) states support stops at 18, dies, marries, becomes emancipated, whichever shall first occur.

Q: How do I stop the wage attachment in GA? Will my divorce decree suffice for my payroll department to stop the attachment?
 


K

krispenstpeter

Guest
What does your support order say EXACTLY?

Also, will the child still be in High School once attaining the age of 18?
 

topsidder

Member
Not My Question

First, the order is a standard modification. Fill in the form. As stated in the earlier post, the date of termination was never addressed in the modification (dated 1999).

Secondly, the new law of High school graduation is only for orders entered after July 1, 1992. Please see the quote from the GA State CSE Department:

Please accept my apology for the delay in responding to your inquiry. Emancipation is determined by the Divorce decree. Depending on the language of the order and the laws of the state that issued the order. Georgia law states that a child emancipates at the age of 18. However, orders entered after July 1, 1992 may have provided for the extension of support to age 20 or graduation from High school, whichever occurs first.
1:28:09 PM [email protected] 4/26/2004 <<<

So even if the minor is still in High School, because the modification did not address the new laws, the 1989 divorce decree contained no language to update with new laws, the decree stands.

Original Q: How is the wage attachment stopped?
 
K

krispenstpeter

Guest
I know the law. And that's why I asked.

Also, you never stated whether or not this order was left in it's original form or if it has ever been amended.

Now, want to guess why I'm asking?
 

topsidder

Member
Ok here is the order:

CONSENT ORDER FOR MODIFICATION OF CHILD SUPPORT

1. States gross income of both the obligor and the obligee

2. A list of special circumstnaces which need to be marked with an X. (nothing marked off)

3. "Having found that no special circumstances exist, Defendant obligor shall pay $880.00 per child per month as current support beginning 11-1-1999. Said payments of support shall continue as to each child as previously ordered."

4, The Defendant obligor is in arrears in the payment of child support in the total amount of $0.00 as of 10-17-99. (Three more fill in the blanks all N/A)

5. Defendant obligor shall maintain accident and sickness insurance for the minor child(ren) whenever and so long as the same is maintained by Defendant obligor, or is available at reasonable cost through said Defendant's employer or other group health insurnace. (continues to quote the GA Code for health insurnace)

6. This is a modification of the previous Order entered in Hall County Superior Court, Civil Action No. 90-CV-1515, dated 07-02-1990. (this order was long beforethe new law of High School graduation was in place).

7. All payments ordered herein shall be made to the following address (address given)

8. Income deduction and/or a notice of enrollment, in accordance with O.C.G.A. 19-6-29 et seq. and O.C.G.A. 19-11-27 shall be used to enforce the current child support, child support arrearage and accident and sickness insurance provisions of this order. An Income Deduction Order shall be issued in conjunction with this Order, and terms shall be incorporated by reference herein, and made part hereof. (and a seperate order was issued)

9. Address tyes of payments accepted by the Department if not through a deduction order.

10. Court costs of this action in the amount of (BLANK)

11. Other: Blank

So Ordered, the 16th day of November 1999

A bunch of signatures.

So, this is the CURRENT ORDER as it stands.

No i cannot guess why you ask. Can you please tell me.
 

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