I have a son. The mother and I have recently went to court and the court issued 50/50. She used to work and now she is on unemployment and receiving public assistance. She had given up her rights as to claiming our son and receiving child support. However, since she is on public assistance, I want to know if she can receive child support. On school days she has him and I receive him on weekends. We provide separate clothing and she has full medical stated on the order. There is no order stated about child support. I am wondering if the Department of Social Services can issue that without my knowledge knowing we have went to court. With him attending school, I provide for his school and save my receipts. Can I still be garnished?
Family Law Attorney
A party cannot waive their right to receive child support, because this a benefit to the child and not the parent. That said, if she is now receiving public assistance it is very likely that DSS will refer the matter to your local Dept of Child Support Services (DCSS) for the establishment of an order to reimburse the county for cash aid being paid. You will need to be served and will have an opportunity to respond. A wage garnishment will not issue until a court order has been entered, and you are required to have notice of any hearing.