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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My daughter is to receive $350 in child support a month. Her

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My daughter is to receive $350 in child support a month. Her father only pays $300 whenever he does. I recently found out, through him, that he had a part-time job, and they were garnishing his wages for child support. I have received these payments twice, every other week. I did not receive one this week. The amounts I have received do not equal the full amount of child support. So, my question is, is this wage garnishment to REPLACE him paying, or is this IN ADDITION to his paying, as he is in arrears.

Please get back to me as soon as someone can. I have called my local Clerk of Court and Child Support Disbursement, they have no answers.

Thank you for your time,

Michele Castillo

Dear JACUSTOMER - Assuming your have a court order for support then he owes the total amount due and not just what they can garnish unless it is the total. What you need to do is to file a motion for contempt of court for non payment of support and get a complete audit of what is owning. Then you can have the court set up an additional amount that is owed each month to apply to the arrearage of what has not been paid. It is always better to have child support deducted automatically from wages or a bank account than to rely on direct payments and I would ask the court to order that as well. You are permitted to file your own motion but you can also ask the court to award attorney fees in any case of contempt. I have included the Florida website for family law court forms and information which should be of assistance if you plan to file your own motion. If you don't file for contempt he will get away with this forever. Your child can't wait to eat until the father decides to pay what is owed.

Customer: replied 4 years ago.

So if the amount garnished is not the amount owed, is he responsible for the difference and that IS the child support, or does he still pay the regular amount in addition to the garnishment?

He only owes what the court order says he owes so unless you do what I said above and file a motion for contempt then all he owes is the total of the $350. So whatever the difference is in the garnishment and $350 is what he will owe. If you file a motion for contempt because of the lack of previous payments you can get a court order for him to pay the $350 plus an amount to reduce the arrearage.
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Customer: replied 4 years ago.

Thank you Mr. Kennett, I appreciate your help. Hope you have a great Holiday season.


Michele Castillo

You too and thanks for using our service!