Legal Question in Family Law in Maryland

When there is a child support wage attachment and Child Support makes an error and causes an overpayment is it lawful to stop the wage attachments? I thought if it is a court ordered wage attachment his employer must continue to pay unless they receive notification from the court. I haven't received child support since Jan 2010 and child support told me I have to wait until April 14, 2010 before a payment is made because they made a mistake and did not adjust his wage attachment after he paid the arrears. Interestingly, enough when he failed to pay they took increments to pay the arrears, now my child has to wait to receive money. Why can't they allow the credit in increments? Anyway, I'd appreciate you legal advice concerning this matter.


Asked on 3/30/10, 11:42 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Since you acknowledge you were overpaid, albeit due to the child support office's error, you have effective received what you were entitled to, and did so before you were entitled to it. If you were the one paying and too much was taken out of your check under the court order, you would be upset if they continued to take out the same amount even though you didn't owe it. It's simpler for them just to let things catch up then to set up some kind of gradual "payback" plan. You would have to get a new court order for that.

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Answered on 4/05/10, 6:53 am


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