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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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good morning, my question is after filing a motion to have

Resolved Question:

good morning, my question is after filing a motion to have the court enforce payment of moneys owed by another party what is my next step to collecting. Can I garnish her income tax return?
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.

Thank you for contacting the JA expert team.


If the monies owed are for back child support, any tax refund that is due to her should automatically be paid to you. In addition, you can garnish her wages if she is an employee, for back support.


If the money owed is not for back support, please let me know as it may make a difference.


All the best to you in the coming new year!


Customer: replied 7 years ago.
Part of the monies owed are child support. the other monies are owed according to our parenting plan which states she owes half of the travel cost and half of the guardian costs. I prepaid all these costs and she was to reimburse me her half. She has not so I filed to enforce and still nothing has been done. How do I go about collecting her tax return and garnishing her pay check?
Expert:  Tina replied 7 years ago.

Hello again!


Any tax refund should be automatically intercepted since you have an order in place. Your local court clerk likely can provide you with a garnishment form and provide information on how to garnish wages in your area. If not or she is out of state, you should obtain an attorney to represent you. A good place to begin is If you genuinely cannot afford to hire an attorney, you can wait for the state child support enforcement office to attempt to collect (usually a considerable wait as they are usually understaffed), or contact a legal aid clinic in your area to assist you.


There are also child support collection agencies if you do a such online. I cannot recommend one over another as I do not have any personal experience with these agencies.


You have quite a few options. Good luck.

Tina and 5 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thank you and have a happy new year