If you are subject to an income withholding order as part of your child support obligation, you may wonder what steps you can take to stop wage garnishment. The reality is that a majority of jurisdictions today automatically issue an income withholding order or wage garnishment at the same time the child support order is signed by the judge, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. In addition, a wage garnishment is used when a non-custodial parent is behind in child support. Consequently, stopping a wage garnishment for child support represents a challenging task.
Step 1
Request a motion to quash form from the clerk of the court. A motion to quash is the legal document used to seek termination of a garnishment.
Step 2
Complete the motion to quash, following the instructions provided by the clerk of the court with the form.
Step 3
Include specific, substantial reasons why you believe the court should terminate the garnishment. For example, advise the court that the garnishment was in place to deal with past due child support and that you have brought your account current. In the alternative, state that you never have been behind in your child support, and that income withholding is not necessary.
Step 4
Sign the motion, making extra copies for your records and to send one to the other parent.
Step 5
Return to the courthouse and file the original motion form with the clerk of the court.
Step 6
Request a hearing date, either from the court clerk or from the administrative assistant to the judge assigned your case.
Step 7
Send notice to the other parent about the hearing date and time, unless the judge's assistant or the court clerk's staff specifically tell you notice is sent directly by the court.
Step 8
Attend the hearing and present your best evidence supporting your request to end the wage garnishment. Evidence includes the court records of your child support payments to document the statements you made in the motion.
Tips and Warnings
- Resolving child support issues, including stopping wage withholding, represents a complicated legal matter. Consider hiring a lawyer to represent you in your case. The American Bar Association has resources to assist you in the process of finding legal counsel.
Things You'll Need
- Motion to quash wage garnishment
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- American Bar Association: Section of Family Law
