Legal Question in Family Law in Maryland
Collecting Court Ordered Arrears
I have a court order for arrearages owed of 4500.00 that I have been trying to get the parent to pay since 1999. Te person lives in Baltimore County and works in Washington, D.C. I know he has the money ( stashed in one of his numerous joint accounts with his mother) Is there a way for me legally to collect this money owed to me with dragging this back into to court and the possibility of ALERTING him to hide this money elsewhere and me having a burden of expense of hiring a Lawyer? Child Support payments receive from this parent are by Wage Garnishment. I donot want to attach a lein to a personal property. Is there an option of a Second pay Garnishment for the arrearages? How much is allowed to to take from a paycheck totally?
2 Answers from Attorneys
Re: Collecting Court Ordered Arrears
Child Support Enforcement can obtain a court order adding an additional 10% of the amount of the wage attachment to pay down the arrearage, if you file a request for such an order. You should not need an attorney to represent you. You probably would need a lawyer to help you get a judgment for the arrearage and to place a lien on the parent's bank account. If he has a joint account with his mother, that can be attached, at least up to fifty percent of the balance.
Re: Collecting Court Ordered Arrears
You will have to proceed through the court in order to collect the arrearage. You can ask the court to enter the arrearage as a money judgment and then file a bank account attachment on a bank or other financial institution where you know he has money. Or you can file a petition to increase the earnings withholding that his employer sends you so that the arrearage balance can be reduced with each pay period. Unless he plans to quit this job, there's not much he can do to stop you from doing this. But you'll need an attorney unless you can get the people in the child support enforcement office of your county to help you.