Legal Question in Family Law in Alaska

child support garnishment

My fiance has a child support case thru Alaska courts where he has been ordered to pay $1100 a month for 2 kids. When he retired from the Air Force in September, he resubmitted paperwork to reduce the amount of support he had to pay since his income had now gone down. He was originally told the amount to be paid was put on hold while they made their decision. He just now rec'd a letter stating that they are now going to garnish his retirement check in FULL until a decision is made. His retirement is just under $1100 a month. Therefore, he will not be getting anything to live on. Is this even legal? I thought they could only take a portion, so he would still have some money to live on. COuld you please point me in the right direction to follow this up? Thank you.


Asked on 12/26/08, 9:33 pm

1 Answer from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: child support garnishment

The amount does not get put on hold. I am not familiar with Alaska law, but assuming it works the same as most states, he has to continue to pay until there is an order which specifies otherwise. The only thing I can tell you is to get a court date ASAP. I'm not sure why, if he resubmitted his paperwork in September, that this motion hasn't been heard yet.

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Answered on 12/27/08, 7:51 am


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