One of the most effective way to ensure child support is paid regularly, and on time, is by way of income withholding, otherwise known as wage garnishment.
Obtaining a wage garnishment in Florida is not all that difficult. A party may take a copy of a finalized child support order to the courthouse and request that an income withholding order be issued. Approval from the party whose funds will be garnished is not required. Once an employer receives a withholding order, they are legally bound to abide by it, usually begin within 14 days of receipt. However, there are some obstacles that may be incurred along the way.
Parents who are doing everything they can to avoid paying child support are often missing. They know that if they were to become a W-2 employee of any company their whereabouts would be known, and a garnishment would likely be issued. Therefore, it is not uncommon for a deadbeat parent to only perform work for cash, or simply to not work at all. Some parents only receive a form of Social Security Income, whether it be supplemental or disability. There are certain rules that apply to garnishment of these funds. Most, but not all, are subject to child support withholding. An attorney experienced in handling child support matters can help you determine if funds are available. Veterans’ benefits may also be garnished.
It is highly recommended that anyone seeking to obtain child support payments by way of income withholding consult with an attorney who can review the case facts, and help present a garnishment request properly to avoid delay or complete denial of the request.