Compassionate Family Law And Divorce Guidance

Can your ex’s wages be garnished to collect child support?

The end of your marriage may not necessarily signal the end of your association with your spouse, particularly if the two of you have children together in Plantation. You likely will continue to have to work together to raise and support your kids, with both of you contributing a good deal of your resources to their care. Oftentimes, negative feelings that exist between ex-spouses can prompt one to try and get back at the other by not fulfilling his or her parental obligations (including missing child support payments). The question is what recourse is available to you if your ex follows this same pattern.

The state of Florida allows for child support arrears to be recovered through a number of different methods. One of the most common of these is a wage garnishment. The guidelines regulating garnishments for missed child support payments can be found in Section 61.12 of Florida’s Uniform Child Custody Jurisdiction and Enforcement Act. They clearly state that the court can order that one’s wages for service be garnished for the payment of any expenses associated with the dissolution of his or her marriage, regardless of whether he or she is currently residing in the state or not.

This section goes on to say that a wage garnishment to collect child support can be extended for any amount of time that the court sees fit. The writ ordering such action will be issued to your ex-spouse’s employer, whose job it is to then ensure that those payments are withheld from his or her paychecks. The good news for your ex-spouse is that the law prohibits his or her employer from taking any disciplinary action against him or her for it having to deal with this issue. 



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