Child Support Payments

I am not an attorney, however, I would think that if there is an order for him to pay a certain child support amount and Child Support Enforcement is only enforcing the amount up to the 40% garnishment of his pay that you could file on your own a motion to show cause for the amount he is not paying. Because if he is ordered to pay it he is still required to pay it whether Child Support Enforcement is enforcing it or not.

The percentage is a per paycheck limit. Wage witholding would not be effective if the entire amount of support could not be witheld monthly. I would suggest you try and connect with someone else in the office there.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My order was established in September of 2008 and I received my first payment in November. He was ordered to pay 623 monthly plus 25 to catch up with arrears. Caseworker told me 40% maximum is being taken through wage garnishment and the rest of the support is up to him to pay directly. Well, he is not paying his part. I went to the caseworker and she told me there is nothing she can do. She also told me his taxes can not be taken because the case is too new and he can not be arrested because some of his wages are being garnished and that saves him from being served for jail. I need to know if this is true.

Kelly R Watson