Does child support have to be garnished or can it be agreed upon and paid without garnishment? How? 11 Answers as of June 03, 2015

If child support was agreed upon, does the judge have to sign a wage garnishment paper? I have a non-contested divorce and have downloaded the papers, but not sure which ones are required by the court and which are optional?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Garnishment is not required.
Answer Applies to: Washington
Replied: 6/3/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If you have a lawyer and you should ask him or her what the local practice is. In some counties, they do insist on a wage order (not exactly the same as a garnishment), unless there is some very weighty reason not to do so.
Answer Applies to: Wisconsin
Replied: 6/3/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
There is an option that you can choose not to have the garnishment if parties agree, you should not try to do this yourself. It is like being an amateur electrician, Dangerous.
Answer Applies to: Georgia
Replied: 6/3/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Firstly, doing a divorce involving children on your own is not advisable. The standard papers that are provided by the Clerk are filled with "landmines", especially the Parenting Plan. As to your question regarding method of payment, you can agree that the same be paid directly to her via check or direct deposit. However, you will need to keep copies of all payments throughout the duration of the child's minority if an issue pops up. I just had to deal with that very issue where a Husband paid the Wife directly for years and years. The Husband had not kept his records and thus, it was very difficult to prove that he had paid. Therefore, although you can agree to pay directly, you may want to reconsider that. If you pay via the State Disbursement Unit, they keep a record of the same so you don't have to. While there is a fee involved of 4% of each payment not to exceed $5.25 per payment, I think it is worth it just for the peace of mind. Also, you can agree to pay through the SDU without having an Income Withholding Order. As to the amount of child support to be paid, such must be within +/- 5% of the child support guidelines. There are 2 different guidelines worksheets that are utilized based upon the number of overnights that you have with the child (under 20% or over 20%). You cannot just agree to some random number as the judge may not approve the same.
Answer Applies to: Florida
Replied: 6/3/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Hire an attorney or meet with the Family Law Facilitator at your Courthouse for counseling and assistance in self-representation. You can avoid garnishment.
Answer Applies to: California
Replied: 6/3/2015
    Diane l. Berger | Diane L. Berger
    Garnishing child support is a safeguard for both the payor and the payee.
    Answer Applies to: Nebraska
    Replied: 6/3/2015
    John Russo | John Russo
    The person receiving the payments decides how they want to have payments made. So in short if your ex is the mother and she wants your wages garnished they will be garnished, that's federal law, but you still have to have garnishment orders signed by the judge and entered, and sent to employer.
    Answer Applies to: Rhode Island
    Replied: 6/3/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Sometimes the policy is set by the court or judge, depends on the jurisdiction. An attorney is your best option. I generally recommend not opting out of the income withholding if only for a provable accounting.
    Answer Applies to: Michigan
    Replied: 6/3/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    I appreciate you trying to work through the pleadings on your own ,however submitting documents to the court isn't just "add water and stir.". You must understand the complex legal principles behind what it is that you're doing. With that knowledge, you can properly submit your request to the court. Please meet with an experienced family law attorney to explore your legal options and review your paperwork.
    Answer Applies to: California
    Replied: 6/3/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    If you do not have a lawyer, go to the self help center at the courthouse for assistance. Garnishment is not necessary.
    Answer Applies to: California
    Replied: 6/3/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    It can be paid without a garnishment, however, the parent receiving the support has the right to request that it be paid by execution on your income.
    Answer Applies to: New York
    Replied: 6/3/2015
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