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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in New York, my ex lives in Ohio, will they garnish

Customer Question

I live in New York, my ex lives in Ohio, will they garnish my wages if i do not pay her spousal support.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

will they garnish my wages if i do not pay her spousal support.

The answer is yes, but not immediately. If someone does not follow court-ordered support, a party that is supposed to be paid normally first files for contempt of court. Contempt is when the Court holds one responsible for not doing was supposed to be done by the decree, and may involve simple admonishment, fines, or even imprisonment upon malicious/brazen/continuous non-payment.

However at the same time, she would have the option to "convert" the child support arrears into a civil judgment and as such, to attack your paycheck for payment and possibly levy a bank account.

However, both filing contempt and converting into a civil judgment requires complex paperwork that she may or may not file, depending on how serious she is about enforcing the Judgement. The Court does not initiate enforcement - she must.

I hope this helps and clarifies. Good luck.

Surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 3 years ago.


it is NOT child support, it is spousal support, is there a difference?


 

Expert:  Ely replied 3 years ago.
S,

Thank you for your follow up. Unfortunately, no. Both are deemed "familial support" and have essentially identical ways to enforce the matter. While most such actions do involve child support, some involve spousal support as well. Again, I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.