Today in “How can the court do that?”: Take Money Out of My Check
Scenario: We went to child support court a few weeks back. I was ordered to pay $X per month. I have been paying my child support to the other party and the next thing I know, money is being taken out of my check! How can the court do that?
The answer is through an income withholding order. Before you get too upset, don’t fret. In most cases, I am supportive of income withholding orders for both the obligee and the obligor. It actually alleviates a lot of tension and stress through the child support process. It takes away the obligor’s uncertainty that he or she will be able to pay child support for that month, and the obligee is given assurance that child support will be received. This in turn stops the brutal where’s-my-money-game. It also leaves a paper trial which could also be used as evidence later.
Income withholding orders, if requested, will most likely be granted. The judge signs the order, and the obligor’s employer is served with the paperwork. The employer then becomes responsible for enacting the income withholding order.
Rarely, the amount of child support being taken out of one’s paycheck exceeds a certain percentage allowable by law. The percentage must be based on the person’s disposable income, not gross or net income. If this is happening to you, then you need to seek the help of an attorney immediately. There will be a procedure to stop the income withholding order.
If you are looking to establish an income withholding order or wanting to stop an income withholding order, it is best to seek the advice of an attorney to help you through the process. An experienced family law attorney will help you through the process and will assist in ensuring that you have the best chance at a positive outcome.