What to do about a writ of garnishment my employer got for child support if I never received prior notification/documents about any hearings or attempts to collect?

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What to do about a writ of garnishment my employer got for child support if I never received prior notification/documents about any hearings or attempts to collect?

I never received prior notification or documents about any hearings, attempts to collect, etc. In fact, the ex-spouse had previously asked me to give up my parental rights so her husband could adopt our daughter. Were my rights violated?

Asked on October 7, 2012 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country with respect to the issuance of a wage garnishment concerning an existing child support order that presumably is in arrears, no prior notice of such needs to be given to the debtor. Rather, the notice required is right after service of the wage garnishment upon the debtor's employer.

Given such notice, the debtor has so much time to file and serve a claim of exemption as to this wage garnishment and if not, monies will be pulled out of your net pay check each pay period. I suggest that you consult further with a family law attorney with respect to this matter.


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