If you’re involved in a child support case in Florida, you may wonder how the state ensures parents meet their financial obligations, especially if one parent struggles to pay. Garnishment is a tool the state uses to guarantee payments. Even if a parent fails to make the necessary payments, garnishment can ensure the custodial parent and child receive the financial support they need.
What is garnishment for child support?
Garnishment occurs when the court or the Florida Department of Revenue withholds a portion of a parent’s wages or bank account to cover child support payments. The process typically begins after the court issues a child support order. If a parent falls behind on payments, garnishment allows the state to collect the owed amounts. This ensures that the custodial parent and child receive consistent financial support.
How does garnishment work in Florida?
Once the court issues a garnishment order, the noncustodial parent’s employer will withhold a set percentage of their wages before the parent receives the paycheck. The amount depends on the parent’s income and Florida’s child support guidelines. The court can also garnish other income sources, including tax refunds, bonuses, or bank accounts. The Florida Department of Revenue manages many garnishment cases and works to ensure that the process runs smoothly and effectively.
Can you challenge garnishment in Florida?
Yes, you can challenge a garnishment order if you believe it’s unfair or incorrect. To do so, you can request a hearing with the court. During the hearing, you can present reasons why the garnishment should be reduced or modified. However, the court will typically approve these changes only if you can demonstrate a valid reason, such as a significant change in your financial situation. Keep in mind that the burden falls on you to prove that a modification is necessary.
Garnishment helps ensure that parents fulfill their child support obligations. However, staying on top of your payments can prevent the need for garnishment. Both parents should take proactive steps to meet their responsibilities, reducing the risk of legal enforcement measures and fostering a more cooperative approach to child support.