I currently have a court order for paying child support arrears from a state I used to live in. The administrator handling my out-of-state child support order has submitted a wage garnishment order for an amount above the court-ordered payment.
Who has the authority in this case – the child support agency or the court order? How do I challenge an incorrect wage garnishment?
First let me preface my answer by stating that I am not licensed in your state.
Almost all states have administrative regulations that would allow a state entity to enforce a child support order.
However, you should be required to follow the order of the court because that is the controlling authority regarding the child support obligation. If your state has adopted the Interstate Enforcement Act, this could also affect the ability of your state enforcing the order of the other state’s court.
You should consult an attorney in your jurisdiction with regard to the ability of your state to enforce the order and what procedures are in place to challenge an incorrect garnishment.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.