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Garnish is the extra stuff you get with your burger! GARNISHMENT is what comes out of your paycheck! Totally different!

Garnishment is a legal remedy authorized by a court and should be considered a collection tool of last resort. In most states, the garnishment process can only be initiated by a court order and only if a judgment for monies owed has been entered. Often the reason for a court ordered garnishment is Child Support.

There are times when a parent is ordered to pay child support and for a number of reasons doesn’t. The other parent at that time may choose to enter into a legal pursuit to obtain the regular child support, as well as all past due monies.

Through a series of legal documentation and proceedings, the court will likely order a wage garnishment for the parent who owes child support.

A Wage Garnishment is the most common type of garnishment. It is the process of deducting money from an employee’s monetary compensation (including salary), sometimes as a result of a court order. You can enter into wage garnishment voluntarily, but you are heavily encouraged to consult an attorney first. The wage garnishments typically continue until the entire debt is paid or the time frame of the decision as been completed.

Non-payment of child support is a very serious issue with very serious consequences.

If the court finds that someone has the ability to pay support but is willfully not paying it, it can find that the person ordered to pay support is in contempt of court. Being in contempt of court could mean jail time for the person who is not paying the child support. This enforcement tool is generally used only when all others have failed since it has such serious consequences.

If you have been issued a court ordered garnishment or if you have entered into a garnishment agreement voluntarily YOU HAVE RIGHTS! Read about Federal Compliance of Debtors’ Rights HERE.

New Mexico Financial Law is the leading expert in New Mexico for Divorce and Family Law. Contact Us Today For A Consultation!

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