Legal Question in Family Law in Iowa
60% maximum withholding law
March 8,2004 my divorce decree was signed.My ex(who is a physician)was ordered to pay $7261.82 in child support and alimony.I'm the custodial parent of our 6 children and, as insisted upon by my husband, have not been employed for over 8 years.Now my ex has intentionally lowered his income just to pay less support.His net monthly income is now so low that his employers can't withhold the ordered amount because of the law that restricts them to a maximum 60% of each paycheck.He's also remarried and his wife has a good job.They have gone on cruises & other vacations, bought expensive rings for each other, built a hot tub room onto their house, and landscaped their whole yard,all done in the last 10 months while I had my electricity turned off, bills turned over to collection agencies, traded a new SUV for a cheap minivan and had to borrow money from my parents(who really can't afford it)just to buy milk and bread for my kids.I know that the 60% law was set up to protect those with average incomes but I can't believe that the courts don't have some exceptions for high incomes. They can't believe that a 7 member family should survive on 60% while 2 live on 40% PLUS her income.Do you know a way around that withholding law? Thanks!
2 Answers from Attorneys
Re: 60% maximum withholding law
You may seek other remedies for enforcement of your spousal/child support court order. Garnishment/ with holding, is not the only remedy available to you.
Among other things you may do, You can obtain a judgment for the arrears that are accumulating and seek collection from his assets, held jointly or in trust by others. In addition, if his wife is supporting him, then she may be required to disclose the support she is providing to him; and the court may decide to attach whatever she is "holding" for him.
Do not dispair, you do have options. But, you have an obligation to approach your situation, with quiet determination... and no complaints about what the "new" wife has. Only talk about his obligation, per the judgment and his apparent intention NOT to pay. Then let the Court punish him if he cannot provide a reasonable explanation.
You need to go back to your lawyer for enforcement or find a new one.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
Re: 60% maximum withholding law
As a practical matter I do not know what you can do about this. He was not married to someone else at the time your divorce took place....if someone else wants to support him that's their business.
As far as the 60 per cent limit that is set by federal law, 15 USC 1673 B.
If, on the other hand he is deliberately refusing paying work so as to evade a child support obligation he can be prosecuted.
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