Child Support Enforcement Order

by Bewildered from Florida

Can child support enforcement garnish wages without a court order for arrears.

My ex wife is in Georgia, I am in Florida she has told Georgia that I am in arrears, this is not correct.

Can an order be put in place with a court order simply through Child Support enforcement.

My payments were not made through them. They were paid directly to my ex wife.

Answer to Florida Child Custody Question

Dear Bewildered,

Yes, the Department of Revenue can put an Income Deduction Order (wage garnishment) in place whether or not you are behind on your child support.

In fact, in Florida an Income Deduction Order is often put in place at the time the Child Support Order is entered.

It may be small comfort, but it is contrary to federal law to terminate an employee because of a wage garnishment.

As far as paying child support directly to your wife, and your disagreement as to whether or not you are current with your payment -- I hope you have proof of payment.

If you have evidence that you have been making full and timely payments of your court ordered child, then you should be able to successfully dispute her assertion that your payments are in arrears.

If you pay by check, money order, western union, or direct debit, then you should be able to retrieve your payment history. On the other hand, as a worst case scenario, if you are handing her cash, and she denies receiving it, your only hope may be to convince a judge that what you say is correct, and her version is not.

For more information, go to the Florida Department of Revenue website.

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