My 'ex' and I wrote our own Marital Settlement Agreement and in it was what we agreed on for my alimony. My 'ex' paid that agreed upon amount for 33 months then decided to stop making the payments. I took the matter to the Judge and she had the Income Deduction Order implemented. However, the employer is not sending the correct amount nor have I been paid anything for the over $60,000 in arrears. My question is, am I having to go by the Federal Regulations regarding percentages of wage garnishment? If so, why? If we agreed on a certain amount, why should then we be held to the garnishment percentage rate? Also, if that's the case, will I ever see the correct amount again or ever see the reimbursement for the arrears? The agreement, which is incorporated into the Final Judgment of our Dissoution of Marriage was written, agreed upon and notarized by each of us so I don't understand what the problem is?
3 Answers from Attorneys
His employer's failure to pay the ordered amount should be brought to the judge's attention.
The employer can only take out 55% of his pay under the law. If the employer is not taking out any monies or is short then file a motion for contempt against the employer.
Federal law always controls over state law or a private agreement. If you do not agree that the Feds rule you need to contact Barack. The employer is bound by the same rule, if they are withholding the maximum allowable no sanction will be imposed against the employer. As to any arrearage that needs to be brought to the attention of the judge.
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