when do i get the money ordered to me?

[xKellyx]

What is the name of your state? AL

this is what it says in my court order....


. A judgment is hereby granted to **********(me) and against *****(ex) for $1.721.20 representing uninsured medical expenses.



so how long does he have to pay me this money?

 

[Zephyr]

it doesn't say in the order that he has to pay it in like 90 days? I think you may want to have that modified with a deadline.

 

[xKellyx]

nope, I was awarded retroactive support also, but it says he has to pay that in a small monthly payment on top of the child support for the next 7 years.

Right now I'm getting more money than he makes in a month because he is so underemployed, but his wife is very well off and supports him.

 

[Mbarr]

What is the name of your state? AL

this is what it says in my court order....


. A judgment is hereby granted to **********(me) and against *****(ex) for $1.721.20 representing uninsured medical expenses.



so how long does he have to pay me this money?

This judgment accrues interest at the rate of 12% per annum. You can file a regular garnishment to attach his wages (costs approx $30 depending on the county you reside in.) You can also file a Writ of Execution to attach a bank account or other tangible property, if you have the information about his accounts and holdings.

Before doing that, you may wish to send a courtesy offer to establish a payment plan.

This debt can also be collected through an income withholding order for support. If you use the child support services of DHR, they will address this judgment as well.

 

[betterthanher]

...but his wife is very well off and supports him.

That is irrelevant.

 

[LdiJ]

That is irrelevant.

Well...not necessarily in this case. If a judge ordered him to pay more money than he makes in a month, then obviously the judge took his wife's income into consideration. Its rare, but it does sometimes happen.

 

[betterthanher]

Well...not necessarily in this case. If a judge ordered him to pay more money than he makes in a month, then obviously the judge took his wife's income into consideration. Its rare, but it does sometimes happen.

Right, but how many posts a day do we see on here where the other parents insists on throwing that tidbit of info in, as it should justify or mean anything.

Also, we don't know for a fact whether the spouse's income was a factor in this.

 

[xKellyx]

This judgment accrues interest at the rate of 12% per annum. You can file a regular garnishment to attach his wages (costs approx $30 depending on the county you reside in.) You can also file a Writ of Execution to attach a bank account or other tangible property, if you have the information about his accounts and holdings.

Before doing that, you may wish to send a courtesy offer to establish a payment plan.

This debt can also be collected through an income withholding order for support. If you use the child support services of DHR, they will address this judgment as well.

He owns a 469,000 house with his wife and a new corvette, all which his wife and him testified in court that his name is on it, his wife is a millionaire and I doubt he isn't going to pay, I was just wondering how long he had. I rather not use DHR.

 

[nextwife]

If his CS is already 100% of his wages, income withholding is unlikely to be effective. How much MORE than 100% can be garnished?

 

[xKellyx]

Right, but how many posts a day do we see on here where the other parents insists on throwing that tidbit of info in, as it should justify or mean anything.

Also, we don't know for a fact whether the spouse's income was a factor in this.

I wasn't just throwing that tidbit in, I was saying that he is UNDEREMPLOYED because his wife supports him. Which obviously meant something to the judge.

 

[xKellyx]

If his CS is already 100% of his wages, income withholding is unlikely to be effective. How much MORE than 100% can be garnished?

actually its a bit over what he makes in a month, i don't understand the garnishment either. My lawyer suggested that to me also if a problem arose, which i doubt it will. I don't know how I could possibly get anymore money where there is none.

 

[betterthanher]

I wasn't just throwing that tidbit in, I was saying that he is UNDEREMPLOYED because his wife supports him. Which obviously meant something to the judge.

Is that exactly how the Judge ruled? Were her financial records considered during this? Don't be so quick to state that obviously meant something to the Judge.

Just because he is underemployed, REGARDLESS OF HIS REASONS, does NOT relieve him -- or any parent -- from their financial responsibility of supporting their children. What means something to the Judge is that the other parent has failed to find suitable employment at the same level, if not better, than he had before he quit.

It doesn't matter that his new spouse (or even yours, for example) makes more than him (you). Spouses incomes are very rarely factored in (outside of some circumstances) and this really doesn't sound like a circumstance where a Judge would consider the spouse's income. If his new spouses is fine with him sitting around being lazy and, in essence supporting him, that is her choice.

 

[betterthanher]

If his CS is already 100% of his wages, income withholding is unlikely to be effective. How much MORE than 100% can be garnished?

Isn't that illegal? I can understand if (for example) 100% of his take-home goes to paying support/arreages, but I thought federal law had a max that could be garnished.

 

[xKellyx]

Is that exactly how the Judge ruled? Were her financial records considered during this? Don't be so quick to state that obviously meant something to the Judge.

Just because he is underemployed, REGARDLESS OF HIS REASONS, does NOT relieve him -- or any parent -- from their financial responsibility of supporting their children. What means something to the Judge is that the other parent has failed to find suitable employment at the same level, if not better, than he had before he quit.

It doesn't matter that his new spouse (or even yours, for example) makes more than him (you). Spouses incomes are very rarely factored in (outside of some circumstances) and this really doesn't sound like a circumstance where a Judge would consider the spouse's income. If his new spouses is fine with him sitting around being lazy and, in essence supporting him, that is her choice.

Her income did come up, and was factored into the child support, I have her tax return records and pay stubs that were used. Everything you have said is irrelevant to my original question. THE only thing I was asking anyone is about how long he has to pay me, not about the child support and garnishment laws.

 

[xKellyx]

Isn't that illegal? I can understand if (for example) 100% of his take-home goes to paying support/arreages, but I thought federal law had a max that could be garnished.

It would be an entirely different garnishment for a judgement that was ordered than a garnishment for child support/arrearages. So no its not against the law.