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Can my ex garnish my wages for support if there is no order through the court?

Can my ex garnish my wages for support if there is no order through the court?

Full question:

Son went to live with Dad, Dad is remarried and ex's wife is spiteful, etc. I had taken Dad to court 4 years ago for support and won. Fast forward son wants better schools and lives with dad now. I dropped the support and started paying him...not before he filed in court for child support. We were able to come to an agreement and signed a notarized paper stating so. I still had to go to court or I would have been arrested. He did not show because he said he wouldnt because we had agreed prior. Turns out he filed the wrong thing-a show cause-which made the judge angry, because there was no order that I pay support. It made her even angrier that he didnt show even though I had stated we had agree to that. She didnt order me to pay support, but I have been anyways because its what I am supposed to do as his mother.I am paying 150.00 a month per our agreement. I was sending support via certified mail to make sure it gets there. I made ex's wife angry about something so a week ago she sent it back refused.I got mad because to me that is messing with my sons support. I saved the envolope. I handed the check to my ex that weekend. Now, he wants my check garnished, which is fine by me. My main question is, can he have it garnished if it isnt court ordered? He keeps saying the judge ordered it, but no judge has ordered I pay support. He doesnt know that I went to court that day and that the judge got pissed at him. I am hoping that will swing me in her favor and maybe I will get the same judge! I also got served again today. He filed a "Show Cause" for child support...even though there isnt an order. He filed the wrong thing for the 2nd time!

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: North Carolina

Answer:

I suggest you get a court order for support. If back child support is ordered later, you will have to prove the past payments were for child support. Garnishment must be ordered through the court, but may be based on a judgment obtained from a contractual claim.

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

What is parental alienation of ex-wife?

Parental alienation occurs when one parent undermines the relationship between the child and the other parent. This can involve negative comments about the other parent, limiting contact, or encouraging the child to reject the other parent. It's important to address this behavior, as it can harm the child's emotional well-being and relationship with both parents. If you suspect parental alienation, consider seeking legal advice to understand your options for maintaining a healthy relationship with your child.

How do I deal with a toxic ex-wife with a child?

Dealing with a toxic ex-wife can be challenging, especially when children are involved. Focus on maintaining clear and respectful communication. Set boundaries to protect yourself and your child. Document any concerning behavior and consider seeking mediation or legal intervention if necessary. Prioritize your child's well-being and stability, and seek support from friends, family, or professionals to help navigate the situation.

How to get over an ex-wife with kids?

Getting over an ex-wife, especially when children are involved, takes time and effort. Focus on self-care and building a support system. Engage in activities that bring you joy and help you cope with the emotional challenges. Maintain a positive relationship with your children, as they can be a source of happiness. Consider speaking with a therapist to process your feelings and develop healthy coping strategies.