How do I get past due child support garnished from a structured annuity?
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How do I get past due child support garnished from a structured annuity?
My court order states $699 per month that should be paid to me for our daughter. Payments are not full payments, and father switches jobs before garnishment can take effect. He has an annuity worth $175k that was taken into account while determining child support amount. The annuity is structured. I filed child support enforcement, do I need to do anything else to request that he have his annuity garnished? Is it possible that they will garnish the annuity?
Asked on August 29, 2012 under Family Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you have not sought to levy upon the father of your child's annuity for past due and future child support payments, then you need to make sure that it is done and done property. From what you have written, I suggest that you consult with a family law attorey to assist you in sorting out your situation and getting timely and periodic child support payments for your child.
To levy on the structured annuity, you need to have a memoranum of garnishee, a notice of levy, levying instructions, a memoranudm of costs concernig the levy and other documents prepared and set to the court for sealing and filing. Once done, a process server then levies upon the entity paying the structured settlement to your child's father. Given the complexity of the matter, I suggest that you consult with a family law attorney.
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