Wage Garnishment Lawyer Rockville MD
As a wage garnishment lawyer Rockville MD clients trust from the Law Office of Daniel J. Wright can explain, when a court orders a parent to pay child support, there is no guarantee that the child support will ever be paid. In some cases, this is because the parent who owes the child support cannot legitimately make payments due to their financial circumstances; however, in other cases, it is because the parent chooses not to make payments. When child support is not paid, parents who are supposed to receive child support can try to seek the money through garnishment.
Wage Garnishment Process
Maryland law allows a person’s wages to be garnished to satisfy a child support order when the person falls behind in payments. Upon failure to make payments, the parent who is supposed to be receiving payments can send a notice to withhold income for support to the delinquent parent’s employer asking the employer to withhold the amount owed directly from their paycheck.
Once the employer makes the necessary withholdings, the money is sent to the Maryland State Disbursement Unit and forwarded to the parent who is owed support. If the employer does not send the withheld funds to the disbursement unit in a timely manner, the employer may be subject to fines for each day’s delay.
If the original child support order included provisions allowing garnishment, the parent seeking payments may not have to return to court in order to pursue garnishment. Notice to withhold income for support forms from Maryland can be served upon an employer in any state and still be considered valid. A Rockville wage garnishment lawyer can help you with this process.
Parents should also keep in mind that money owed for back child support, that is, for missed child support payments, still has to be paid even after the child in question is no longer a minor. In addition, the money is still owed even if the parent owing the child support files for bankruptcy.
If a parent is not working or becomes unemployed after the child support is ordered, they may petition the court to reduce the amount owed in child support. A judge may grant such a request temporarily and ask the parent to show that they are actively looking for work. Conversely, if the parent receiving support learns that the supporting parent has an increase in income, the former can petition the court for an increase in the amount of child support.
Let Us Assist You
If a court ordered your former spouse to pay child support, but they have not been making the payments, or you would like to seek an adjustment based on your former spouse’s increased income, you should consult a Rockville wage garnishment lawyer for guidance on how to proceed. Call the Law Office of Daniel J. Wright for a confidential consultation.
A wage garnishment lawyer Rockville MD clients rely on from the Law Office of Daniel J. Wright is proud to provide legal services for this community. We have built a reputation for being a law firm you can depend on. If you are in need of insight regarding wage garnishment and child support, then you are in the right place. You may have plenty of questions about what wage garnishment is, how you can go about requesting the court to order it, or how to fight against it. In all these cases, we can be of useful legal service to you.
Unpaid Child Support
In a parental relationship, divorce, or family court case, the judge may require that child support be paid by a certain parent. If that parent continues to not pay child support, then the court may ultimately enforce a mandatory garnishment of their wages through their employer. The parent’s employer is obligated to abide by these orders and take a portion out of the employee’s wages before they receive the full amount.
Many workers may get upset with their employer for taking money from their checks for garnishment. However, complying with an order for wage garnishment is required by law, so your employer has no choice but to follow otherwise they may face consequences. The employer has ten days after receiving the order to begin subtracting money from the upcoming paycheck of the obligator.
We recommend not trying to fight a wage garnishment through your employer, as this may cause unnecessary tension and stress. If this is the case, we can let you know how to go about halting the wage garnishment.
Seizing of Property
As your child support lawyer Rockville MD families depend on may explain, if wage garnishment isn’t sufficient, then the custodial parent may attempt to get payments through having the court obtain your property. Property that may be vulnerable to seizing include motorcycles, houses, boats, corporate stock, vehicles, and more. To learn about other methods that the government may utilize to collect child support, call the Law Office of Daniel J. Wright today.
Requesting a Hearing
With help from our team, you can request a court hearing. This should occur shortly after the garnishment has started. We can get you prepared for this hearing by going over the process, what you should bring, tips for the courtroom, and offering representation. During this hearing, you can state a few objections to the wage garnishment, such as:
- The wage garnishment will result in you not having enough money to live on
- The wage garnishment amount is incorrect
- The other parent actively concealed your child away from you unfairly
- You had custody of the children when the wages were taken
At your next earliest convenience, please consider calling a wage garnishment lawyer in Rockville at the Law Office of Daniel J. Wright now for immediate support.