Child Support Garnishment Laws

Garnishment is used in a variety of different ways in regard to child support enforcement and collection, according to the American Bar Association Section of Family Law. Despite some variations from one state code to another, the general practices regarding garnishment and child support remain very similar in all jurisdiction across the United States.

Wage Withholding

Virtually all jurisdictions in the United States require wage withholding for current child support obligations, as reported by the American Bar Association Section of Family Law. In other words, at the same time a court orders a non-custodial parent to pay child support, the judge also issues what is known as an income withholding order.

Child Support Arrearage

Pursuant to child support enforcement laws in the United States, statutes permit the use of a variety of types of garnishments to collect past due child support, according to Find Law. These garnishments can be requested both by the custodial parent no receiving required child support payments as well as by child support enforcement agencies in a particular state.

Bank Account Garnishment

A past due child support obligation can trigger a garnishment of a non-custodial parent's savings and checking accounts. State laws differ regarding how much money can be extracted from an account. However, as a general rule, more latitude is given to a child support garnishment on a bank account than is the case with other types of consumer debt.

Tax Refund Interception

Although something of a garnishment hybrid, in dealing with a child support arrearage, federal and state income tax refunds can be intercepted and applied to the past due obligation. The entire amount of a tax refund is subject to interception and application to an arrearage.

References

Article reviewed by Roman Tsivkin Last updated on: May 22, 2010

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