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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12809
Experience:  B.A.; M.B.A.; J.D.
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i recieve 755 a month and i have 3 child support orders child

Resolved Question:

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?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


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.

Customer: replied 1 year ago.

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

Expert:  Phillips Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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?

Expert:  Phillips Esq. replied 1 year ago.

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.

Expert:  Phillips Esq. replied 1 year ago.
May I ask why you gave me a negative rating for specifically answering your questions? I do not make the law. Ethically and professionally, I can only provide you with accurate information eventhough that information may not be what you want to hear.
Customer: replied 1 year ago.

I am so!!!!!!!!!!!!!!!!!!!! sorry I thought the first face was the excellent rating. It was almost 2:am and I didnt read the faces I thought the first was the best rating. I will give you an A rating all day and every day you answered everything for me,and I really appreciate it.

Expert:  Phillips Esq. replied 1 year ago.
Thank you for getting back to me.

Please rate one of my other answers and it would cancel the negative rating.

Have a wonderful day!
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12809
Experience: B.A.; M.B.A.; J.D.
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