Alimony Garnishment
Spousal maintenance or alimony is awarded by a court in a divorce case. There are two types of spousal maintenance or alimony: alimony awarded during the course of a divorce case and alimony awarded as part of the final divorce decree.
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Function
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The function of an alimony garnishment is to ensure that the individual entitled to spousal maintenance receives payments due and owing. An alimony garnishment is accomplished through a specific order of the court.
Types
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There are three types of garnishment orders utilized by a court in a divorce case. A garnishment order is utilized to satisfy a current alimony or spousal maintenance obligation. Garnishment is used to resolve past due alimony. Finally, a garnishment order can issue from a court to deal with both current and past due alimony or spousal maintenance.
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Features
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The two most common garnishment orders are those designed to withhold a portion of a person's wages and those directed to withhold funds for an individual's bank account. A wage garnishment is used both for current and past due alimony. On the other hand, a court typically only approves a bank garnishment for past due alimony.
Size
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The laws from state to state set forth the maximum amount that can be garnished from a paycheck or a financial account. The laws vary from one state to another. Therefore, if you are seeking (or facing) a garnishment for alimony you need to consult the laws of your state to obtain information on withholding limitations.
Expert Advice
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No matter what side of an order for alimony and garnishment process you find yourself on, consider obtaining experienced legal representation. Both the local and state bar associations maintain directories of attorneys in different practice areas, including divorce law. Contact information for these organizations is available from the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
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References
Resources
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