Legal Question in Family Law in Iowa

Right to be informed before child support is taken out of paycheck

Does the parent who owes child support have a right to be informed by their employer before child support payments are taken out of their paycheck? What is the law regarding taking child support out of paychecks when motions have been filed seeking relinquishment of parental rights?


Asked on 6/25/04, 10:03 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Right to be informed before child support is taken out of paycheck

To answer your question , garnishment is between a creditor and a judgment debtor. That is, if you are owed money by someone, i.e., your employer, that money is subject to garnishment without more than a notice of intent to garnish from the creditor under Iowa Code Chapter 641.

Although you have filed motions to relinquish your parental rights quite frankly the Court is not likely to relieve you of your support burden in the absence of truly exceptional circumstances or an adoption petition on the other side of this case.

So in answer to your question you are obliged to support the bairn until your motions are decided. Unless the child is going to be adopted by someone I wouldn't hold my breath.

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Answered on 6/25/04, 11:12 am


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