QUESTION
Can I set up an out of state wage garnishment from one state to another?
Asked on Jun 13th, 2014 on Divorce - Florida
More details to this question:
I have filed forms to have foreign decree of final divorce judgment moved to another state. I am on permanent disability and have no money to pay for an attorney. However, my ex-husband retained an attorney immediately here in Florida as he owes thousands of dollars and has the money to pay it so his attorney has filed a motion to dismiss due to personal jurisdiction issues. Can I enforce alimony payments from here and how do I set up wage garnishment to be sent directly to me? Thank you.
4 ANSWERS
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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If you reside in a particular state and wish to have enforce a final decree of divorce with regards to alimony or child support, you may petition your local court to recognize the foreign judgment and thus have it enforced in your residing state. You could also enforce the same judgment in its original jurisdiction; typically by filing motions for contempt and/or enforcement. The enforcing court could also order that the obligation be garnished from the obligor's wages prior to distribution (these are called income deduction orders). You should not fear payment of attorney fees because the obligation to pay can be pursued from the party in which enforcement is sought.
Answered on Jun 18th, 2014 at 5:27 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is not as simple as someone being able to tell you how to do this on the internet. Basically, it appears you would have to domesticate the foreign judgment and then enforce it.
Answered on Jun 17th, 2014 at 10:26 PM
John Arthur Smitten
Yes you can get an income withholding order and send it out of state to be enforced. Use of a lawyer is recommended.
Answered on Jun 17th, 2014 at 11:45 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Contact the Florida Dept of Revenue for assistance. Any garnishment will not go to you but to the state and then sent to you.
Answered on Jun 17th, 2014 at 11:30 AM