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Child Support

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ginger71

Junior Member
What is the name of your state? IN

My husband lives in IN and his daughter lives in Michigan. Michigan is the state where the divorce took place. He has been trying to get his payments for child support directed through Friends of the Court. He finally got all necessary paperwork done and filed. Now, the Friends of the Court in Michigan tell him that they are going to take his child support amounts out of his paychecks. He has NEVER been late for a child support payment. He will owe arrears because the amount changed due to his new job. The arrears are only for a time frame of about 6 months. Which is how long it has taken for the paperwork to get done. His arrears will only total about $500. Is it common to pay your child support by means of wage garnishment? Or, can he opt to just send them a check monthly? Currently he has been sending checks to his ex-wife every two weeks. Any advice would be appreciated.
 


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BelizeBreeze

Senior Member
If the court orders a garnishment then that's it. Period.

Until the garnishment begins he needs to continue paying his support based on the current order.
 
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ginger71

Junior Member
Is it a court ordered reply when it never went before a judge? I mean, it was just an order through Friends of the Court. Does friends of the court have the same authority as a judge? Is there any pros and cons to having it come directly out of your paycheck?
 
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topsidder

Member
Pros & Cons

There are pros and cons to everything. Personal experience has shown me this:

Pros:

- Never Late
- Excellent Records
- Shifts "Liability" to State

Cons:

- Can be "Embarrasing" to the obligor - especially if it is a small employer
- IMPOSSIBLE to stop when obligation met - requires another court order
- Although Rare - Money does get "Lost"

Just recently, the county in GA where my husband's "Mandatory Wage Garnishment" was ordered, changed it's policy. County can no longer work with Mandated orders. Something about being in conflict with 42 USCA 654b. And, they changed their name. Clearly states they are known as the Support DIvision, NOT child support, child support recovery, or child support enforcement. However, they are saying they will accept "Voluntary Wage Assignments". Check your local laws and make certain they are not in violation of 42 USCA 654b. If you require a link, just let me know.
 
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VeronicaGia

Senior Member
ginger71 said:
What is the name of your state? IN

My husband lives in IN and his daughter lives in Michigan. Michigan is the state where the divorce took place. He has been trying to get his payments for child support directed through Friends of the Court. He finally got all necessary paperwork done and filed. Now, the Friends of the Court in Michigan tell him that they are going to take his child support amounts out of his paychecks. He has NEVER been late for a child support payment. He will owe arrears because the amount changed due to his new job. The arrears are only for a time frame of about 6 months. Which is how long it has taken for the paperwork to get done. His arrears will only total about $500. Is it common to pay your child support by means of wage garnishment? Or, can he opt to just send them a check monthly? Currently he has been sending checks to his ex-wife every two weeks. Any advice would be appreciated.
Click to expand...
Now that FOC has an order, he MUST send the money to them and let them distribute it. If he pays her directly, FOC will consider it unpaid and he will have to pay it again. No, it doesn't matter if the checks are marked "child support." It is considered a gift.

Never make another payment without it going through FOC. He should also keep all of his paystubs proving that payment was deducted. He could even ask his employer for a yearly tab of checks sent to and cashed by FOC for his own records. FOC is notorious in some counties for losing money.
 
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