Q: How can a parent be garnished for child support when they have 99% sole physical custody but no legal arrangements?
Mother has had children full time for over a year. Father has seen children only a handle full of times in that year. Yet mother receives a call saying her wages are being garnished 25% for child support. Parents have not had a legal court process and there is no mandatory child support on record.
A: If there are no child support orders in place, then no, mother should not be garnished. It seems to me that there is some information missing and you should consult with a family law attorney. You should also look to which court the garnishment papers were filed in, call the court, ask for any and all case numbers tied into the parties, then go to the court and get documents. Under notions of due process, the mother should have been served with something at the outset of a case. If there is, in fact, an underlying case you should look into modifying orders. Furthermore, there are time frames for challenging a garnishment and/or there is the potential to file a motion to stop it. Again, more information is needed.
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