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Can anyone tell me how the garnishing process works?

My estranged husband and I had a court date set up in August 2016 for child support. Him and his lawyer wanted to keep it out of court so we came up with an agreement. He was given a certain amount of credit and then he was to make monthly payments directly to me until the garnishment kicked in. He has never made full payments so arrears have built up more. We finalized everything in February 2017 and March 1, still no full payment was made. On March 13, he was served at work (I don't know why he was served at work and I don't know why he was served at all because he agreed to everything in the paperwork). I guess the sheriff and him thought I was in the wrong to have it sent there. (But, I didn't know he was getting it). I have a feeling his lawyer didn't tell him he was being garnished. He's also supposed to be paying for a percentage of medical and dental bills after I submit the receipt of payment to him (that's building up, too). My lawyer says that I'm supposed to get a check in the mail - but here it is the 29th and I haven't heard anything from anyone. And I don't know who to contact. I messaged him the other day and told him that he was supposed to be keeping up with payments until they were taken from his paycheck and he said he wasn't going to pay anything until a judge told him he had to. Um, isn't that what we just did?

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Asked by Anonymous at 9:09 AM on Mar. 29, 2017 in Money & Work

Answers (8)
  • If your ex is being garnished through your state then you should set up direct deposit. That way the state will send the payment to your bank account the day after it is received. Sometimes payments can take longer if your ex's company forgets/neglects to take out the money (technically the company subtracts the money based on the court order) or if the HR Dept mails a garnishment payment check to the state. Some companies still do it the snail mail way unfortunately.

    Answer by RoboBuddy at 3:36 PM on Mar. 29, 2017

  • Call your local child support enforcement agency and find out how they handle it. They're usually the middle man. Your ex's employer sends them the money and then they send it to you. When you're dealing with any governmental agency, long wait times are the norm, unfortunately. GL


    Answer by mrsmom110 at 4:55 PM on Mar. 29, 2017

  • I just kind of want to know if it's coming. I read I should expect 10 days delay, but we're looking at 15 now... I just don't know what's going on and don't know where to get the answers.

    Comment by Anonymous (original poster) at 9:34 AM on Mar. 30, 2017

  • Call your lawyer.
    In most states they will take 25% of his take home pay, until he is caught up on the back, then they will take out XX amount per week and send you a check once a month.

    Answer by weaselpecker at 8:49 AM on Mar. 31, 2017

  • We had an agreement for the child support amount and the arrears; medical and child support that was all supposed to be part of the garnishment paid to me on the 1st and the 15th. He just transferred me some money for March, but come tomorrow, he's already behind over $900. Just for budgeting purposes, I should expect something once a month from the state? They will just hold the funds and only mail one check?

    Comment by Anonymous (original poster) at 8:59 AM on Mar. 31, 2017

  • Doesn't it go through the court system?

    Answer by louise2 at 9:44 AM on Mar. 31, 2017

  • He's supposed to stay current until the garnishment takes effect. His lawyer was trying to keep it out of court and we settled.

    Comment by Anonymous (original poster) at 12:12 PM on Mar. 31, 2017

  • He paid on 3/31, still nothing from the state yet. I don't know who to even contact. Money is due the 1st and the 15th and now the 1st has come and gone. I don't know if I should be expecting it from him or his work. Who do I even call? I am in Virginia.

    Comment by Anonymous (original poster) at 6:27 PM on Apr. 4, 2017

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