Enforcement of garnishment


#1

You can contact the clerk of court in the county where the action is pending, they can assist you with a wage garnishment.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

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

ROSEN.COM

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.


#2

Good - I will talk with them this week. My other concern is that he can take me back to court and have the agreement set aside. Since he has tried to do that already and did not succeed, will he be able to do it again? I am always afraid he is going to try to take me back to court and I will end up on the short end of the stick. We have been divorced for 8 years. I guess I am afraid that if I tick him off and garnish his salary - he will try to take me back to court. Is it possible for him to have our agreement set aside after this length of time. Thanks! As always - I really appreciate your help.


#3

If the court has ordered him to perform on the agreement or order they have already found it to be valid and there is no reason I can think of that they would go back and change their mind. He may be able to modify support going forward, but child support and/or alimony cannot be modified retroactively.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

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

ROSEN.COM

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.


#4

Hi - My ex got way behind on his payments and I took him to court to have his wages garnished. He got really upset and almost started to cry, so I gave in (like a dummy) and agreed that if he would catch up on his arrearage and be on time and pay the correct amount, I would not garnish his salary. So the judge admended our agreement to say the following: “The parties have further agreed that all payments shall be made directly to the Plantiff by the Defendant and shall be payable on the date set; that in the event said payments are not paid on said date, or not paid, a wage witholding shall forthwith issue to the Defendant’s employer for payment of child support, family support, attorney’s fees and the arreage of support as set forth in this order.” This order has be filed with the courts. My ex has done fine for a while, but now he is not paying the amount he is supposed to and I want to enforce the garnishment. When he writes me checks each month he writes one for child support and one for family support. The one he is shorting is family support. Since that is covered in the judge’s order above, how do I go about getting the garnishment? My lawyer said I needed a file set up in the child support office and I would have to take him back to court to get this. But, since the money he is shorting me is not showing as child support and is family support, how do I go about getting the garnishment set up? I really don’t want to go back to court again, I thought that since the judge amended our agreement with the statement above, I could enforce the garnishment without going back to court. My other worry is can he take me back to court again and try to have our agreement set aside? He has done this once before and the judge wouldn’t do it. We have been divorced for almost 8 years and he has tried twice to change our agreement in court and has lost both times. My lawyer said that unless his circumstances have changed, he can’t take me back to court to change the agreement.

Also, do you have to go through the child support office for a garnishment? I have heard you don’t, there are other ways to do it. I don’t really care if the garnishment goes through the courts, I just want to get my money each month like I am supposed to.

I apolgize for the long post, but I just wanted to give you the full situation. Thanks for your help.