How long does a wage garnishment take to start after court approval?

Full question:

When a motion to file involving an ex-spouse holding him in contempt of court and to garnish his wages because he didn't pay alimony, how long once approved does it take effect?

Answer:

When a court order is not followed, a petition for contempt can be filed in the court that issued the order. The court has the authority to enforce its orders by holding the noncompliant party in contempt. If a party is found in contempt of a support order, an income withholding order (IWO) may be issued to garnish wages.

Employers must start withholding for child support no later than the next pay period after the fourteenth day following their receipt of the IWO. Specifically, Kansas law states that a payor must begin deductions no later than the next payment of income due after this 14-day period (K.S.A. 23-4,108).

Additionally, the payor must remit the withheld amounts within seven business days of the obligor's normal pay date. They are required to identify each payment with the obligor's name, county, case number, and the date the income was withheld.

The payor must continue withholding income as required until further court or agency orders are issued.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can take your ex back to court for alimony if they are not complying with the court order. You may file a motion for contempt, which asks the court to enforce the alimony payments. If the court finds your ex in contempt, it can order them to pay the overdue amounts and may also impose additional penalties. Always consult with a legal professional for guidance specific to your situation.