Question:
I have custody of the child and the state still garnishing my payroll check and tax returns what can I do legal , also it's a out of state case
Answers:
sounds like you got baby mama drama. Glad it ain't me. I don't have no kids and don't plan on having none for a looooooooong time.
A good example of why people should get "married" before having a child....hello??? It's called a M-A-R-R-I-A-GE.
I would definitely talk to a lawyer about this. Check with your local courthouse about free legal counseling and aid. Since you have custody, now you should be receiving child support, not paying it.
Depends on the situation. If you had a sizeable arrearage in child support payments accumulated, they are going to continue to garnish your wages until your arrearage is paid up.
You need to check with the county agency which originally issued the garnishment writ for the support payments. If you are up to date and no longer owe any money, get a certificate of completion (or similar) from them indicating you no longer owe money and then contact the IRS and your employer relative to the situation.
Your employer will continue to garnish until legally relieved of the responsibility to do so.
Probably depends on what state you live in. I would start with the child support office in the state that is garnishing your wages. Give them proof that you now have custody of the child. Your employer really can't do anything. It starts with the child support office. You might have to get a lawyer. In the state where I live, all I had to do when I got custody of my child was send the documentation to the child support office. I didn't owe any back child support and the payments were stopped the next week.
In order to get the order lifted, you need to prove to the other state that you have LEGAL custody of the child. The court document stating this should be all you need. Contact the office that has issued the garnishment order. They should be able to tell you what they need to lift the order.
You're going to have to go to court to get the support order, then all the fallout from it, cancelled. If custody was changed legally, all that should have happened as part of the custody change process. If the change was informal, you might be stuck until you get custody changed legally.
Good luck.
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