A new child support order has been filed from the state of Florida after the previous order was fulfilled in November of this year. I was not notified of this action and now two thirds of my military retirement and one half of my civilian pay is being garnished. I believe my ex spouse may have falsified documents, which she has attempted in the past, in order to ensure I was unable to defend myself or provide financial information to the court, prior to enacting this new support order modification. I am an Arizona resident and the case originated in Florida. My ex spouse lives in Virginia, with my 18 year old daughter.
Interstate child support orders involve very complex issues as to jurisdiction. The issues mentioned sound even more complex given the fact that we have a military pension and a garnishment is being deducted from two sources of income. Generally speaking the most that can be deducted from an income source is one-half of the net income to be dispersed to the payee. Given that is a general guideline, it would appear that a wage garnishment of two-thirds of an income source (military retirement) is in violation of the applicable statutes governing wage withholdings. Further, garnishment from only one source of income is allowed if that source collects enough to cover the totality of the order. If one or either of the garnishments covers your entire monthly obligation than withholding from both sources would be inappropriate. Given the complexity of the situation I highly recommend you calling our office and speaking with Jennifer Mihalovic.
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