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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Unexpected Garnishment

    My question involves child support in the State of: new york I received my paycheck and almost 450 dollars is coming out for I guess arrears and current child support. I just wanted to know what if any thing I could do to resolve this. I am supporting my wife and infant daughterand I cannot do that w with that amount coming out. Is there anything I could do? Mother of the child already stated she didn't want me to see the child and said she wanted me to sign over rights

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unexpected Garnishment

    ...is Mom remarried?

    Have you been paying as ordered before now?

  3. #3
    Join Date
    Apr 2011
    Posts
    20

    Default Re: Unexpected Garnishment

    I see this happen quite a bit in NY, the first the parent hears about the garnishment is when their paycheck is short. I am concerned about the "I guess ..." but the state can garnish a huge percentage of your check for arrears catch-up. Do you know if the mother of the child is on state assistance? if so the state initiated the action, not her and is being reimbursed for monies they are sending her.

    You likely missed a hearing in which a judge or court official ordered garnishments to commence. Once ordered, your options are severely limited and mostly involve the court or quitting your job (or getting "fired"). The SCU (support collection unit) cannot stop garnishments.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Unexpected Garnishment

    Your not seeing the child doesn't absolve you of the responsibility of providing financial support for the child. With that being said, don't have anymore children than you can afford to support. You have an obligation to your FIRST child before you have a second or a third or take on the support of another adult.

    If it's guideline support, you'll have to make it work.

  5. #5
    Join Date
    Apr 2011
    Posts
    20

    Default Re: Unexpected Garnishment

    courtclerk, actually, you are uninformed. From his post, it is the mom who wants him to terminate his rights and cease contact. Her saying this does not cease his responsibility but her actually going through with it, well it does absolve him of his responsibility for the child.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Unexpected Garnishment

    Quote Quoting jack1470
    View Post
    courtclerk, actually, you are uninformed. From his post, it is the mom who wants him to terminate his rights and cease contact. Her saying this does not cease his responsibility but her actually going through with it, well it does absolve him of his responsibility for the child.
    Really? Do you have a statute that supports your contention? I'd be more than happy to review it.

    There has been no termination of parental rights or responsibilities. She can say what she wants. He has a duty to support his children. However, I'll wait for your legal back up.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unexpected Garnishment

    Quote Quoting jack1470
    View Post
    courtclerk, actually, you are uninformed. From his post, it is the mom who wants him to terminate his rights and cease contact. Her saying this does not cease his responsibility but her actually going through with it, well it does absolve him of his responsibility for the child.

    Please explain how Court Clerk was uninformed.

    Because both CC and I know exactly why YOU are not correct here

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