If your ex is not paying the proper amount for child support — or is not paying at all — one of the options that the state has is to garnish that person’s wages. To do this, an Administrative Income Withholding Order will be needed. This can be issued by the Division of Child Support Services.
The order itself is sent directly to your ex’s employer. This way, the money is taken out of the check at that level, before it goes to your ex. The amount removed is then sent directly to you. This prevents your ex from withholding payment or being late because he or she simply never gets the money in the first place. This is not the preferred method of payment, but it is a solution when someone does not take responsibility and pay the amount dictated in the court order on his or her own.
First of all, the money that is taken out can be for the monthly support payments that are owed. For example, if your ex was ordered to pay $500 per month, that $500 will be removed from the net pay after it is calculated.
Many people who are trying to get Administrative Income Withholding Orders have not been paid for some time, though, so back payments may also be needed. If this is the case, the order could take a second amount for the unpaid child support that is still considered outstanding debt. This will be taken until the person has caught up.
If your ex won’t pay, don’t just assume you’re never going to see that money. Look into all of the legal enforcement options you have.
Source: State Department of Economic Security, “Enforcement Remedies,” accessed July 28, 2016