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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I know that a parent ordered to pay child support can have

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I know that a parent ordered to pay child support can have their wages or bank accounts garnished. I need to know if a parent who receives child support for her children be garnished. My CS is direct deposited and a creditor has garnished my bank account and all my child support. That by law is not my money it is only to be used for the child's needs.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did you receive a notice of garnishment from the creditor? If so, did you also receive a notice that you could claim exemptions? Which court entered the order of garnishment?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.
No, I did not receive a notice from the creditor for either. The only notice I got was a letter from my bank. I received the judgement paper about the eviction and past rent when I had to go to court. I received nothing about the garnishment. It was thru the magistrate court.
Hello again, Lori, and thank you for this additional information. Was this a county court in IN, please let me know which court entered the order to garnish your account?
Customer: replied 4 years ago.
Oh I am sorry. I live in Georgia. It was the magistrate court of Carroll County,Ga. that issued the garnishment. My divorce was in Indiana and my child support goes thru the state of Indiana Child Support Division and is direct deposited in my bank account.
Oh I see. Thanks a lot for clarifying that, Lori.

Child support paid to a parent normally is exempt from seizure to satisfy a judgment. In addition, GA law does typically require that the creditor provide you with notice of the garnishment as set forth in the following code, so you should have received notice of the garnishment as required by this section:

http://law.onecle.com/georgia/18/18-4-64.html

Stopping a garnishment typically requires that you file a motion to Traverse the garnishment. Here is a link which provides step-by-step instructions for filing the required motion and obtaining a hearing in the case. This would be filed in the court which entered the garnishment and your basis for seeking to traverse the garnishment would typically be that the funds represent child support paid to you for the benefit of your child:

http://garnishmentbook.com/book/chapter-16-for-the-defendant-how-to-traverse-a-garnishment

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

Tina and other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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Thanks again and all the best to you.

Tina

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