QUESTION

Can I get a wage garnishment for back child support in Georgia?

Asked on Dec 18th, 2011 on Child Custody - Georgia
More details to this question:
I have a contempt action pending for back child support that is in excess of $30,000. In addition to that is an additional $10,000 in unpaid medical and other items per the decree (court order 2002). Getting a court date is taking forever. I asked my attorney to file a garnishment but he seems hesitant (actually refused) to do so. I thought that was a relatively inexpensive and effective way to collect on back support. My ex is employed and has a mutual fund and checking account here in Fulton County. Am I missing something? Should I file this myself?
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2 ANSWERS
Answered on Jan 10th, 2012 at 9:21 AM
I do not know all the details of your situation, but I can say that you cannot obtain a garnishment until you have a Court Order establishing that he does owe you back owed support. Thus, in general, until you have obtained an Order on your Contempt action, you cannot do anything. Once you have an Order establishing the amount owed, then you can request the Court to issue the garnishment.

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Answered on Jan 09th, 2012 at 4:34 PM
It should be possible under those facts to attempt a garnishment. Bear in mind that the mutual fund likely is NOT based in Georgia, so that might have to be filed and served in another state. A bank based in Georgia certainly can be garnisheed.

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