Legal Question in Family Law in Oregon
My ex husband wants to collect child support from me for 4 yrs back. He has sent a letter to my employer to garnish my wages. HE says I owed him $2,000 from 2005. And added interest of over $800 .Can he garnish for 4 yrs back ? ** NOTE **I paid the children support directly to the child after age 16...I have all my chks as proof. I never missed a payment.
1 Answer from Attorneys
You need to clarify: Regarding the checks you gave to your child, to whom were they made payable? Directly to the child? Or were the checks you gave to the child made payable to the child's father?
Calculating interest on unpaid chld support under Oregon law is a rather tricky matter. Even most lawyers do not understand how to correctly do it. If he says you owe $800 in interest on a $2000 child support judgment from 2005 is mostly likely incorrect. You should demand that he provide you with his calcluation worksheet so that you can check his arithmatic.
Finally, a garnishment on an employer cannot be accomplished by a letter from the creditor to the debtor's employer. What is required is a formal Writ of Garnishment, which can be lawfully issued only by the clerk of the court or an active member of the Oregon State Bar (i.e., a lawyer).
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