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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89570
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Ive got quite a list but I guess the first place I need to

Customer Question

I've got quite a list but I guess the first place I need to start is how do I stop child services from garnishing my wages till they get the right amount. They have included an amount for payments in arears that is totally wrong. They have not taken into account 4 years of me generating personal checks instead of it being garnished from my wages.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
The state does not take child support lightly so you would have to file a motion in the court, not through child support services, to try to seek a temporary stay of the higher amount until the modification is decided. This is rarely done unless you can prove that the amounts being taken are an extreme financial hardship.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
I should clarify that they have not taken into account 4 years I made payments by personal check instead of wages being garnished.
Expert:  Law Educator, Esq. replied 2 years ago.
If they are seeking arrears, your proof of payment during those years would be proof to the court that you have a chance of success to reduce the amount they are seeking and as such you would have a good chance of at least reducing what they are trying to garnish from you through an order of the court.
Customer: replied 2 years ago.
Would I be better off just filing for the modification and having it addressed then or should it be dealt with as two seperate issues?
Expert:  Law Educator, Esq. replied 2 years ago.
The modification and arrears are two separate issues, so you need to deal with them separately.
Customer: replied 2 years ago.
That is kind of what I thought. I have one other aspect that I am unclear on. The ex moved out of state with my son (we share joint legal custody) with no notice to the courts or child services, only verbal notice to me. Is there any recourse to this? I thought either of us were under legal obligation to give notice of such an action.
Expert:  Law Educator, Esq. replied 2 years ago.
if you had notice you had 30 days to file a motion to object to removal of the child from the jurisdiction of the court and ask the court to force her to return the children.
Customer: replied 2 years ago.
In other words, I lost my window on that one. However is it at least a valid point to raise in review of amount, the cost of living in one state versus that of another?
Expert:  Law Educator, Esq. replied 2 years ago.
The cost of living has nothing to do with child support amounts, they are based on parental income and the statutory child support tables. Cost of living in another state is not included in that.
Customer: replied 2 years ago.
OK, I guess that makes sense, or better stated, that is why I figured I should ask some one more knowledgable than I about this issues. I am sure that other questions will come up as I progress with this, would you have any objection if I contact you through this service again?
Expert:  Law Educator, Esq. replied 2 years ago.
We will be here and you can ask for me at any time or use reply in this question (just remember that we are only compensated for assisting you if you click accept and if you come back with new related questions they need to accept separately for them).
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89570
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks, XXXXX XXXXX
Customer: replied 2 years ago.

Warned that I might have more questions. I filed my motion to modify child support a couple weeks ago now and the other day I get a form from clerk of the Circuit Court addressed to the ex, it is a Writ of Summons. Stapled to the top is a small note that states "Reminder: Please attach complaint to summons". Am I suppose to turn around and serve the ex with this now? I know she has recieved a copy of it already. Sorry, I am sure this rather simple answer to one who works with it day in day out but I do computers and I'm totally lost in the legal system.

 

Thanks,

Richard Collier

Expert:  Law Educator, Esq. replied 2 years ago.
Yes, you have to send her the writ of summons with a copy of the complaint attached, this is the proper way to serve her and you need to use a process server to serve her.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
I am unclear what constitutes a process server. Can I use certified mail to get her signature as verification? Or do I have to get hold of the local police there and have them serve her?
Expert:  Law Educator, Esq. replied 2 years ago.
You can use the sheriff's office or anyone who is over 18 not a party to the case can serve her personally and fill out the affidavit of service.

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