“Child support Garnishment” is the withholding of wages for child support. This name was actually ordered by the court when it was typically known as “child support withholding”. But in order to hold the parent’s wages, a Wage Withholding Order to be issued by the court is required.
This type of wage garnishment is applicable to almost all types of pay including standard wages, PTO, vacation pay and severance pay. To avoid child support garnishment, it is best to just pay child support on time.
If you can no longer meet your child support payments, you may be able to petition the court to lower these payments. The court does not generally force anyone to pay an amount that would cause the person extreme financial hardship. A person will have to pass a petition to the court with evidence of pay cuts or increases in legitimate bills for the court to order child support payments to be lowered.
This type of garnishment doesn’t necessarily and automatically terminate when the child turns 18. Generally, to qualify for the termination of the child support garnishment the following conditions will have to be met:
- When the child turns 18 and has already stopped attending high school as a full time student
- When the child turns19 and still attends high school as a full time student
- When the child ages between 18 and 19 and completes the 12th grade
Also, if the child gets married or becomes an emancipated minor, the child support garnishment will be qualified for termination. It is termed as “qualified for termination” since it will not stop automatically. The parent is obliged to get a court order for the termination of the child support as well as the wage Garnishment order.
To terminate a child support garnishment wage Garnishment order, both parents must agree to the termination. If there is no agreement that can be reached, the obligor will have to fill an Order to Show Cause, file a case and set a hearing court date. To qualify for this application, you must be current on your child support payments.