I got behind on child support during my divorce and the difficult financial times that followed. My wages are garnished for 65% of my income. I'm currently 2000$ ahead on child support. I called the courthouse where the IWO was approved and they told me my only options are to convince my ex-wife to get rid of it, or hire a lawyer. Is this true? Is there truly no recourse for me but to go into debt hiring a lawyer I can't afford? I'm tired of sending her 500$ a month that I don't owe. I've got all my financial ducks in a row, and SHE owes ME money, and I don't want to threaten her with legal action if there is a simpler way for me to get this fixed.
You should find an attorney who can offer you a free consult in your area. You could easily file an Amended IWO with the county court. It is a matter of filling out a form correctly and filing it with the court. Once it is ordered it would be sent to your employer and then your employer will be able to reduce the monthly withholding for support. If you need help either an attorney or your local child support enforcement office can help you. There are other options if you are looking for an abatement or to have money refunded to you. Again best to run by an attorney to learn what your rights are. try calling Columbia Family Law Group, LLC - Columbia Divorce Attorney
Located at 1200 Rogers
Columbia, MO 65201.
Phone: (573) 662-4514
◾Disclaimer: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information presented in this website is intended as information only and not legal advice. You should contact an attorney to discuss the specifics of your case. Use of this website does not create an attorney - client relationship.
You should at least consult with an experienced family law attorney, who regularly practices in the county where the child support order was entered. You may be able to simply file an amended wage assignment. Or you can notify your ex-wife that if she doesn't amend it, and you are required to go to court, she may be ordered to reimburse you all of your over-payment. Please immediately speak with an attorney about this, and determine the best (and quickest) way to proceed. Often trying to get reimbursed for over-payment is an exercise in frustration, and the longer you wait the larger the over-payment will be.
The specific facts are different in each individual case, my response is provided for general, informational purposes only and should not be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts and any supporting or explanatory documents in this matter, this general opinion should not be relied upon in your specific case. This communication is not intended to create an attorney-client relationship with any specific person and should not be construed to create an attorney-client relationship by any individual.
An attorney would be able to help you to get the best result for you, given your situation. The fact that 65% of your payment is being garnished is problematic, as the State is able to withhold up to 50%, generally speaking. Occasionally a garnishment will include enough to pay for arrears owed until those are brought current. Even then so, the State typically does not have a mechanism to 'flag' your case to modify the IWO once you're caught up, so it would take some maneuvering on your end or retaining an attorney to make sure that your support amount is what it's supposed to be. If you're looking to resolve the situation, I recommend speaking with a family law attorney at your earliest convenience. You may be out of time to resolve the issue before your April support is due, but with the assistance of an experienced attorney, you may be able to get the ball rolling before your May support due date.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results do not guarantee future results. Every case is different and must be judged on its own merits.
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