Child support enforcement


#1

Dear Jumper:

Yes, in North Carolina the child support enforcement agency can automatically garnish the paying parent’s income. In order to garnish, you simply must owe child support - not be behind on the child support payment.

Also, I am not sure what you mean by getting child support back from her, but unless you have this in an agreement somewhere, this also will not happen under child support enforcement. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks Janet. I didn’t think they could do that. I think it’s a crock myself simply because they and her have control over my checking account. One little whine from her and they can up the child support without so much as a notice.

What I meant by getting child support back from her is when my boys come out for the summer, she’s to return one months worth of child support back to me (typically June). This year she did minus $100 to pay for a doctors bill neither of us were responsible for.


#3

Another question. Will the Enforcement agency give me notice of the amount and when they intend to start or am I at the mercy of them? She also said something about sending me some papers to sign (basically made it sound like I had to sign them). Any idea what these papers might be?


#4

I’ve been told federal gov’t checks can’t be “garnished” unless it’s to pay arrearage for child support or to pay back taxes. Is this true?


#5

Dear Jumper:

Greetings. Yes, the child support enforcement agency will give you notice of any hearing. You will be able to negotiate directly with the social worker assigned to your case. You do not sign anything until you agree.

The child support enforcement works with DFAS (I believe you are in the Army, right?) and they take it out of your pay before it hits yoru check. Thanks.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hi again Janet,
I posted a question a couple of weeks ago about stopping a military allotment and sending my ex a check instead.

My ex told me this evening she doesn’t like the idea of me sending her a check and she’d prefer to get an allotment again. My current wife and I aren’t going to restart the allotment mainly because over the summer, my ex withheld some money from the child support I was to get back while my kids were with me for the summer (she said it was to pay a doctors bill which is another long story). Anyway, she told me I could either restart the allotment or she was going to go thru the Child Support enforcement office and have them get her child support. They’re telling her they can take the money out of my check. They said they can do that for child support and taxes. To me this sounds like garnishment which I thought they weren’t allowed to do unless I was behind on child support, which I’m not.

Can they yank the child support out of my check like that? I didn’t think the states were allowed to garnish wages like that unless there was proof someone was behind on paying child support.