When parents in New York pay child support, they may wonder about the process behind setting up and stopping wage garnishments. According to the Office of Child Support Enforcement, setting up child support garnishments is the job of an employer for an employee or a company that is able to withhold income on behalf of an independent contractor.
Income withholding orders typically come from child support agencies, state and local governments, tribes and even attorneys. However, individuals may notify withholders as well. In fact, anyone may send an IWO. When an employer or equivalent honors an IWO, it must prioritize child support over all other garnishments.
If a person believes the judgment was an error, they may be able to object to the wage garnishment. Some instances where this may be possible include situations where the person has no known children. Sometimes having a similar name, especially while working at the same company as the correct person, may be at the root of the error.
NerdWallet cautions workers to act quickly to recover any lost wages. A person may need to prove that they are legally eligible for a reversal of the judgement or a change. The best place to find information about how to submit an objection is on the order or notice provided. Sometimes an employer may share this notice, but it is may not always be required to do so.
Working out a more informal child support settlement is almost always preferable to garnished wages. In the event of financial hardship, an ex may have more leeway to provide time to catch up than an employer. If the garnishment is in error, then it is important to address the situation before missed bill payments present a new problem.
