Child support is a crucial obligation that both parents have when raising children. However, some parents may refuse to pay child support, which can be frustrating and stressful for the receiving parent. Maryland has legal options to enforce child support orders, including wage garnishment. You need to know about wage garnishment for enforcing child support orders in Maryland.
What is Wage Garnishment?
Wage garnishment is a legal process that allows a court or government agency to order an employer to withhold a portion of an employee's wages to satisfy a debt owed to a creditor. In child support, the non-paying parent's employer will be ordered to withhold a specific amount from their paycheck to be sent to the receiving parent or the Maryland Child Support Enforcement Administration (CSEA).
How Does Wage Garnishment Work?
To initiate wage garnishment, the receiving parent or the CSEA must file a petition with the court requesting an order for wage garnishment. The court will then notify the non-paying parent's employer to withhold a specific amount from their paycheck and send it to the receiving parent or the CSEA. The amount that can be garnished varies depending on the non-paying parent's income and the number of children they owe child support for.
What Are the Benefits of Wage Garnishment?
Wage garnishment is one of Maryland's most effective ways to enforce child support orders. Here are some of the benefits of wage garnishment:
- Automatic Payments: Once a wage garnishment is initiated, the non-paying parent's employer will automatically deduct the child support amount from their paycheck, making it easier for them to make consistent and timely payments.
- Enforcement: If the non-paying parent fails to comply with the wage garnishment order, their employer can be held in contempt of court, resulting in fines or even imprisonment.
- Reduction in Arrears: Wage garnishment can help reduce the amount owed over time if the non-paying parent owes back child support.
What Are the Drawbacks of Wage Garnishment?
While wage garnishment is an effective way to enforce child support orders, it does have some drawbacks:
- Potential for Job Loss: Wage garnishment can be embarrassing for the non-paying parent and may even lead to job loss if their employer decides to terminate their employment.
- Limited Collection: If the non-paying parent is self-employed or unemployed, wage garnishment may not be an option.
- Delayed Payments: There may be a delay between when the wage garnishment order is issued and when the first payment is received.
Wage garnishment is a powerful tool for enforcing child support orders in Maryland. If you're a receiving parent struggling to get child support payments from the non-paying parent, consider petitioning the court for wage garnishment. It's important to note that wage garnishment should only be used as a last resort, as it can negatively affect the non-paying parent.
Contact Matthew Penick Law if you need legal assistance enforcing child support orders!
