Child Support Garnishment Rules

Child Support Garnishment Rules
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Child support collection can involve a variety of strategies, including different types of garnishments, according to the American Bar Association Section of Family Law. Garnishments serve two purposes in child support cases: they are utilized to collect current as well as past due child support from a non-custodial parent.

Wage Withholding

Nearly all states have laws requiring wage withholding as a means of collecting child support, according to the American Bar Association Section of Family Law. A judge executes an order requiring a recurring garnishment of the non-custodial parent's wages for the current financial obligation when a child support decree issues from a court. The directive requires an employer to deduct the predetermined amount of support from each paycheck issued to the parent with the financial obligation to a child.

Bank Garnishment

If a non-custodial parent becomes delinquent in making child support payments, she faces the prospect of a bank garnishment which involves the removal of funds from either a savings or checking account. This process commences with an order from the court that issued the initial child support order. The order for garnishment is served on the bank, requiring the financial institution to freeze the parent's account, remove money and convey it to the court for payment toward child support.

Tax Refund Interception

Another type of garnishment used to deal with a past due child support obligation is the interception of a tax refund. A court order is obtained directing a taxing authority--the Internal Revenue Service, for example--to transfer any refund intended for the non-custodial parent to the court. The court applies the tax refund to the past due child support obligation.

References

Article reviewed by Roman Tsivkin Last updated on: May 31, 2010

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