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4 Bumps

What might I expect to happen?

I'm currently awaiting to here when my court date is for getting the child support arrears I'm owed. I was wondering if I get the judgment how I might get the money since my ex won't have such a large amount to just pay up with in any sort of reasonable time. Has anyone gotten a judgment for arrears before? Could you give any kind of example of what I might be able to expect to happen if I get the judgment?

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Asked by Anonymous at 9:59 PM on Nov. 7, 2010 in Parenting Debate

Answers (12)
  • I'm in Canada, so this may not be EXACTLY how it will be for you. But if you are ordered by the court to recieve a certain amount and the PAYOR (your ex) doesn't have all the money.. they can Garnish his wages from work. I've been getting child support for my 9 year old for 3 years now and that's how it is. I get $165/month but my ex is soo behind i get more than that. until he's caught up (which will be never.. lol) i will be getting double payments.

    I would phone a lawyer and ask how it works for your area.

    Answer by MyIslandGirls at 11:03 PM on Nov. 7, 2010

  • I don't have direct experience, but they may garnish his wages and I have heard of court orders that take their entire tax return. So you may receive a lump sum that way. But, never "spend" that $ until it is in your hand. Nothing is ever guaranteed!


    Answer by love2snorkel70 at 11:27 PM on Nov. 7, 2010

  • Arrears would be added onto the regular payment plan until he is caught up. If he doesn't have the means to pay all immediately you won't get it. You may get an extra $40 or $50 dollars above your regular support agreement a month until he is caught up. Since he is in arrears they may ganish his check to insure he does pay.

    Answer by DeeMomOfFour at 11:49 PM on Nov. 7, 2010

  • Has he been paying anything at all? If you get the judgement and he is currently paying, they will add extra on top of the support you are already receiving. If you're not getting anything, they can garnish it out of his wages, the amount depends on what he makes at work. If he's not working, I'm not sure about that. But here, they can take the driver's license away until it's paid.

    Answer by amessageofhope at 12:44 AM on Nov. 8, 2010

  • There are three things that I know can happen. I depends on the judge. First thing is to garnish his wages. Second thing is to take his tax return. And the third thing is to suspend his license.

    Answer by corbysmom531 at 1:47 AM on Nov. 8, 2010

  • Thank you all for your insight. Very helpful! :o)

    Answer by cassdragon23 at 9:02 AM on Nov. 8, 2010

  • They will usually establish a payment plan, and if he is going to get an income tax refund, the state will send it to you instead until he's paid off.

    Answer by riotgrrl at 11:44 AM on Nov. 8, 2010

  • They will garnish his wages (if employed) and you'll receive a monthly check for it. My husband is on the other end of this (he was unemployed for over a year, thus couldn't pay his) and his wages are garnished every paycheck.

    Answer by _Tam_ at 12:50 PM on Nov. 8, 2010

  • some courts establish a payment plan for regular CS and then a second amount that covers the arrears and you can request that the court issue a lien on any and all of his income tax refunds state and federal until the arrears are paid in full...


    Answer by 4_28_bbboy at 6:18 PM on Nov. 8, 2010

  • My ex didn't pay until I kept contacting Child Support Enforcement over and over and over. Eventually, they threatened to either take his driver's license or put him in jail. They garnished his wages and the threats kept him working. They won't take any more than he make though. For example, they have to give him a percentage of his wages to live on (I think) because there were more often than not times when I'd get partial payments. (He was in sales)

    Answer by carol2m2 at 9:26 PM on Nov. 9, 2010

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