Removing a child support income withholding order is a recipe for missed child support payments.
When I was working in South Bend back in the early 2000s at Krisor & Associates, I covered a hearing where a party sought to have a child support income withholding order removed so that a judgment that was granted in the divorce decree could be collected via a garnishment order.
The child support income withholding order was greater than 25%, so no money on the money judgment could have been collected by wage garnishment, thus the request to remove the income withholding order. My argument was that it wasn’t in the best interests of the child because to allow a wage deduction would most likely result in missed child support payments by our client.
The court agreed.
Monday, November 16, 2009
I want to thank Christopher C. Hedges of NW Indiana Lawyer for his Problem with Indiana’s Family Law Code?. He has kind words about my Grant County Child Support Rules - Income Withholding Rules but even more for providing a great story about keeping an income withholding order in place: