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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am a resident of of PA and have recd a wage garnishment order

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I am a resident of of PA and have recd a wage garnishment order from Ky based on an alleged Ky 'support order'. The last time I attended a hearing in Ky was 10 years ago... I've been paying child support to Pa for 17 yrs. If indeed there is an order in Ky, would Ky not have had to collaborate with Pa based on UIFSA?
Yes, if KY issued a wage garnishment order, it would have to be recognized in PA for execution in PA and if it was not then you have grounds to object to the order. Also, if you have been paying, then you need to file an objection to the civil garnishment/collection order and provide proof of 1) lack of jurisdiction and 2) invalid debt based on your making continued payments through PA as ordered.


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Customer: replied 4 years ago.

Thank you, Paul!
Yes, I have filed an 'affidavit to challenge garnishment' with the Ky court. This is just annoying the heck out of me, as I'd thought I was DONE with this woman.
There was no hearing in Ky... Simply guilty until proven innocent. My last 2 paychecks have been garnished significantly, just before the holiday season... Yeah!
I have reached out to an attorney in Ky, but am doing my due diligence.
Do you believe I have grounds for a countersuit of malicious prosecution / abuse of process?
Thank you for your assistance!
These cases never seem to end I am afraid, it is the last bit of revenge they can exercise to make your life miserable many times. KY, like every other state, has the right through their child support enforcement agency to enact a child support judgment and then the paying parent has to challenge them by going to court. You do not have grounds yet for malicious prosecution, you have to first show that she knew that you were paid up and she brought these charges intentionally despite knowing you paid and you have to succeed in the KY case first and if you do, then you could seek to file the malicious prosecution or harassment/abuse of process suit against her.
Customer: replied 4 years ago.

Yes, you are indeed correct. This has always been an ugly separation, despite the both of us moving on with new families.
Thank you for your help. Have a good w/e my friend.
Thank you and same to you.
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