Nolo's Essential Guide to Divorce - Emily Doskow [94]
State child support enforcement office websites are listed below. Many of the websites include information about how to garnish wages in a divorce.
If you're the paying spouse, the automatic deduction of a wage garnishment may seem intrusive, and some people might find it slightly embarrassing. But wage assignments are so common now that the stigma is pretty much gone-because they're automatic, there's no implication that you are a deadbeat. A wage assignment does make things easy for you. You don't have to mail a check to your former spouse each month, and you never have to worry about being late or where the money is going to come from. It might feel like your paycheck is miniscule after the deductions, but at least all the money that's left is yours to do with as you see fit-you've already met your most important obligation, supporting your kids.
Using Your State Child Support Enforcement Agency
Federal law requires that every state have an agency dedicated to child support enforcement. If you need help getting your spouse to pay child support, your state agency can do the following for you:
• help you get a wage garnishment served on your spouse's employer
• receive payments from your spouse and distribute them to you
• keep track of the payment history in your case
• follow up if payments aren't made on time (the agency can enforce support through wage garnishments, taking money directly out of your spouse's bank accounts, intercepting tax refunds, invalidating your spouse's passport, suspending your spouse's driver's license and professional licenses, and going to court for a contempt order that means your spouse is subject to criminal prosecution)
• ensure that health insurance for your children is in place and continuing under the support order by helping you prepare the appropriate order
• monitor your spouse's efforts to get work if nonpayment is because of loss of a job, and
• work with you and your spouse to come up with a plan to pay overdue support (arrearages), if payments haven't been made for a while.
You may have to pay a small administrative fee or a tiny percentage of your support payment to the agency for these services. To find out how to get an account with your local agency, go to the website listed below for your state.
You can register your support order with the state agency whether your spouse is self-employed or works for an employer and whether or not you have arranged for a wage garnishment. If your spouse is self-employed, you can arrange for payments to be made through the agency rather than directly to you. If you're garnishing wages, you can arrange for the payment to go from the employer to the agency and then to you.
When you do get in touch with the agency, be prepared to provide all the information it will need. Your support order (or settlement agreement) should include basic identifying information for you, your spouse, and each of your children, including each person's date of birth, Social Security number, and current contact information. In addition, you'll need to give the agency:
• your court case number and a copy of the order of support
• information about your spouse's employment, including contact information for your spouse's employer, and
• your spouse's driver's license number and the identifying information for any professional license your spouse holds (for example, if your spouse is a doctor, lawyer, architect, or contractor).
Start right away establishing a good relationship with the folks at your child support office by doing your part and providing