Legal Question in Family Law in Virginia
Wage garnishment letter from attorney
I am in arrears in support payments due to loss of job. My ex's attorney submitted a letter to a former employer, whom he thinks I work for presently, requesting the company garnish my wages. There has been to court order to the effect as of yet. I am working but only making very little and can barely pay my mortgage. Question: Is it morally/legally right for her attorney to ask for garnishment of wages without a court order? If not, how do I handle the situation?
2 Answers from Attorneys
Re: Wage garnishment letter from attorney
Whether a court order exists will only be determined if you check with the court staff. I would suggest this be done. I would also urge you to secure an attorney as soon as possible. Speaking only to the state of Indiana, the courts may be able to reduce your obligation for a temporary period time subject to review regarding your employment and income status. As the full scope of this factual situation is not known, this dicussion can only be addressed in a general sense and again, this is why its suggested you retain an attorney to review this for you.
Re: Wage garnishment letter from attorney
In the Commonwealth of Virginia, once there has been an order for wage withholding in the initial support order against the obligor, there is no requirement for any new order in the event that the obligor changes jobs; a copy of the wage withholding order may simply be forwarded by the payee or her legal representative to the new employer to restart the wage withholding.
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