QUESTION
Can I have his wags garnished for nonpayment of alimony?
Asked on Jan 21st, 2013 on Divorce - California
More details to this question:
From my divorce, my husband agreed to pay alimony so that he can keep our house and now for the last 3 months he has not paid alimony.
12 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have various remedies, and Michigan, to collect your past due alimony. You can seek a direct income withholding order and you can also undertake any collection actions allowed a judgment creditor. Those include garnishment and the seizure and sale of assets.
Answered on Jan 23rd, 2013 at 2:18 PM
Yes, wage garnishment is available for the payment of support and any other monetary orders. You should consult a family law attorney or facilitator to assist you with the proper forms.
Answered on Jan 23rd, 2013 at 2:17 PM
You can file an action to enforce the spousal maintenance obligation and ask the court to order that the payments be automatically garnished from his wages to ensure ongoing prompt payment. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 23rd, 2013 at 2:16 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There is a difference between contractual alimony (provided by the Internal Revenue Code) and spousal maintenance (provided by the Texas Family Code) and the enforcement rules are different. I suggest you hire a lawyer to explain the differences and assist with enforcement.
Answered on Jan 23rd, 2013 at 2:16 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You need to consider filing a petition to enforce spousal maintenance award and request for contempt. You can ask that wages be garnished and for contempt sanctions. I would suggest contacting an attorney for more information and to discuss your case in more detail.
Answered on Jan 23rd, 2013 at 2:16 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Your ex-husband is in contempt of the terms of the divorce. You can file a Motion for Contempt and ask the Court to enter an Income Deduction Order which will automatically take the alimony payments from his paycheck. This of course is contingent upon his ability to pay.
Answered on Jan 23rd, 2013 at 2:15 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, you can garnish his wages if you know his employer.
Answered on Jan 23rd, 2013 at 2:15 PM
Dennis P. Mikko
If the Judgment of Divorce provides for spousal support, you can ask that the Friend of the Court collect it. This would involve the entry of an income withholding order requiring his employer to pay the alimony from his pay check to the Michigan State Disbursement Unit which would then forward the money to you.
Answered on Jan 23rd, 2013 at 2:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have a right to a wage garnishment. It takes a couple of months to get going so don't wait
Answered on Jan 23rd, 2013 at 2:04 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes file a contempt motion.
Answered on Jan 23rd, 2013 at 2:03 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Must file a rule to show cause why he is not abiding by Agreement.
Answered on Jan 23rd, 2013 at 2:03 PM
Yes. In California you are entitled to an earnings assignment order for payment of support. If you have an order for payment of spousal support, simply have the earnings assignment order prepared and submitted to the judge for signing and filing. Then it needs to be served on his employer who will then automatically pay you each month. Good luck Barbara Peyton
Answered on Jan 22nd, 2013 at 3:25 PM