Can I get a wage garnishment for back child support in Georgia? 5 Answers as of January 10, 2012

I have a contempt action pending for back child support that is in excess of $30,000. In addition to that is an additional $10,000 in unpaid medical and other items per the decree (court order 2002). Getting a court date is taking forever. I asked my attorney to file a garnishment but he seems hesitant (actually refused) to do so. I thought that was a relatively inexpensive and effective way to collect on back support. My ex is employed and has a mutual fund and checking account here in Fulton County. Am I missing something? Should I file this myself?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
I do not know all the details of your situation, but I can say that you cannot obtain a garnishment until you have a Court Order establishing that he does owe you back owed support. Thus, in general, until you have obtained an Order on your Contempt action, you cannot do anything. Once you have an Order establishing the amount owed, then you can request the Court to issue the garnishment.
Answer Applies to: Georgia
Replied: 1/10/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Did you ask the attorney why he did not want to file a garnishment? Child support can be enforced by what is called a continuing garnishment for support. Tell your attorney you want to have this done. If he refuses, you may want to get a new attorney.
Answer Applies to: Georgia
Replied: 1/10/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
It should be possible under those facts to attempt a garnishment. Bear in mind that the mutual fund likely is NOT based in Georgia, so that might have to be filed and served in another state. A bank based in Georgia certainly can be garnisheed.
Answer Applies to: Georgia
Replied: 1/9/2012
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
There should be no reason that you can't garnish a bank account and/or wages. In fact, in your contempt action, you could have asked for an income deduction order so that the arrears could be withheld from his paycheck and sent to you. As for the mutual fund, I would have to research on whether you can garnish that as there are tax consequences to liquidating stock.
Answer Applies to: Georgia
Replied: 1/9/2012
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