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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31573
Experience:  JD, 16 years legal experience including family law
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Divorce, Alabama child support, and payment

Resolved Question:

My husband and I are filing for divorce in alabama through mediation tomorrow. We have 2 children and have agreed on support amount, joint custody and all other details. he has two other children in different states with support orders that are on hold due to mutual agreement with the mothers. He is wanting to pay me direct in lieu of income with holding through his employer. My question...can having him pay me dirctley effect the process of collecting if he does not pay..or effect my support if the others are reinstated? Is most current order to be paid first even if he pays me directly?
Submitted: 11 months ago.
Category: Family Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 11 months ago.
Hello again,

Having a wage garnishment typically provides more assurance that the support will be paid since the employer acts pursuant to a court order of garnishment and withholds the wages from the father's paycheck, so the father never sees the wages withheld and does not have the opportunity to spend the money on something else.

Where there is no wage garnishment, it can be more difficult to enforce the order of support if the father stops paying or pays less than is ordered since you must then either file a motion with the court seeking to hold him in contempt or go through the state child support enforcement agency, seeking their assistance in collecting, both of which often result in further delays.

If there is more than one wage garnishment, usually the first in line gets priority if there are not enough wages to cover all of the garnishment orders. The other wage garnishments should not affect yours as long as the father has enough wages to cover all the wage garnishments.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 11 months ago.
Isn't the process the same to collect if he does not pay me either way....he would still be in contempt of court....if his payment is late 30 days. He is stating that he will not pay me until order is in place....but does not want any back child support to affect his credit? What do you mean "usually the first in line"...he is not paying on two other children at this time and they live out of state?
Expert:  Tina replied 11 months ago.
Hello again,

If there is a wage garnishment order, he will not be late unless he does not earn enough to be garnished or he quit his job or is otherwise terminated. Yes, the procedure to collect support owed is the same in either situation, but there is normally more security that you will receive the support and be able to avoid taking further legal action where a garnishment is in place.

If he becomes delinquent on support, he can lose his driver's license and even be jailed, so there is an incentive for him to remain current on the support even without a garnishment.

You had asked about other wage garnishments and I was merely commenting on the priority they take--usually the first in line (which could be yours or someone else's) would have priority over any others that are entered subsequently.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 11 months ago.
So by first...you mean which order was in place first...or the most current order?
Expert:  Tina replied 11 months ago.
The first one to be entered by a court (the oldest order) would typically take priority if there are not enough wages to cover multiple garnishments.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31573
Experience: JD, 16 years legal experience including family law
Tina and 3 other Family Law Specialists are ready to help you

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