Family Law Questions? Ask a Family Lawyer Online.
i recieve 755 a month and i have 3 child support orders child support has garnished my check twice and my living expenses is 700 a month what can i do?
Response: You need to file Complaint for Modification of the Child Support Orders and ask the Court to reduce or suspend the Orders. If you are only makng$755.00 and your expenses total $700.00, then you do not have enough money to live on. Were you present when the Orders were issued? If so, were you earning much more then or did you not provide the Court with your current financial information? That is the only way the Court could have ordered Child Support that apparently does not even allow you any money to live on. So, you need to file for Modification and present evidence of your earnings so that the Court would review your request. The forms for filing for Modification are available at the Courthouse in the Clerk's office.
i was making more money before i became total disabled. I was present for all three orders. up until 4 years ago i became disabled and now recieving 755. child support was taking 201 for the state back pay and now one of the mohers just garnished my ssdi check for 223 and now i recieve 336
Thank you for the clarification: i was making more money before i became total disabled. I was present for all three orders. up until 4 years ago i became disabled and now recieving 755 child support was taking 201 for the state back pay and now one of the mohers just garnished my ssdi check for 223 and now i recieve 336 Response: You need to immediately file for Modification to stop the arrears from accruing on your regular Orders. You see, until you file for Modification and your request is granted by the Court, your arrears would continue to accrue based on the previous Orders. So, to stop the accrual on the current rate, you need to get the Court to hear and rule on your Modification Complaint as soon as practicable. Let me know if you need further clarification.
Can I file a hardship letter to also stop the garnishment? And I go to Superior Court to file for a modification. Do I need a leagl aid lawyer to help or can i do this on my own?
Can I file a hardship letter to also stop the garnishment? Response 1: Unfortunately, not. Stopping or letting the garnishment stand would be part of your Modification case. If the Court rules in your favor, the Court would issue an Order regarding future garnishment. And I go to Superior Court to file for a modification. Response 2: You would go to the same Court where your original Orders were issued. Do I need a leagl aid lawyer to help or can i do this on my own? Response 3: You can do this on your own. Otherwise, you can try to obtain a legal aid Attorney. However, most of the legal services are under budget and as a result the waiting line for services is quite long and thus you may not be able to obtain the services of legal aid for your case.
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