Garnishment Issue


#1

Dear Carolinagirl:

Greetings. Yes, he can manipulate his pay in this manner through changing his tax withholding or how many exemptions he takes. You can get a copy of his W-4 from his employer and his weekly/bi-weekly/monthly paystubs should also tell you this information.

Yes, when there is an arrears the judge will usually just add an additional payment to the monthly garnishment. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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

Can a person who is about to have their wages garnished for child support and alimony change their tax deductions and have more than is needed taken out of their check for taxes and file for it at the end of the year to protect it from being garnished. I know that taxes and a few other items are taken before the garnishment percentage is taken. Can he have an additional $400 or $500 taken each month in taxes and get it back at tax time? Is there any way to prove someone is doing this? Also, he is about $9,000 in arrears, will the judge just add an additional percentage each month to be garnished to pay off his debt to me?

Thanks a bunch!
Carolinagirl