Can Spousal Support be garnished?

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Latest post 04-06-2007 12:15 PM by Fxston. 4 replies.
  • 04-05-2007 4:28 PM

    Question [=?] Can Spousal Support be garnished?

    I have a question I need help on. After being divorced for 2 years, my marital residence was finally sold. This was the last piece of the settlement that had to be divided. In accordance with the divorce decree both my ex-wife and myself were responsible for half of all expenses. She did not want to pay anything and rather than have the property go into foreclosure, I have been paying 100% of all the bills. After the closing of the house and all debts were settled to mortgage, realtor & settlement companies, and all was said & done, I was entitled to reimbursements from my ex-wife totaling $40K. A motion was filed and the judge ruled in my favor that my ex-wife had to reimburse me for her half of the expenses I paid out of pocket. Now I have to collect... Good Luck huh? Naturally, we are filing to have her salary garnished. However, I am paying her close to $1500 a month in alimony. My question is - Can we garnish her alimony as well. She refuses to work full time and only works 16 hours a week. Garnishing her wages will take two decades to pay back. If her Sousal Support is garnished as well, the debt will be paid off sooner and she can retain her standard of living by increasing her work hours to full time.
  • 04-05-2007 6:13 PM In reply to

    re: Can Spousal Support be garnished?

    "A motion was filed and the judge ruled in my favor that my ex-wife had to reimburse me for her half of the expenses I paid out of pocket."

    I trust you also petitioned and were awarded the attorneys' fees associated with the motion and any subsequent collection efforts. If not, you don't have a great attorney.

    "Naturally, we are filing to have her salary garnished."

    By "we", I trust you mean your attorney. I can't imagine why attorney is not also seeking an order to seize-freeze bank accounts to get at a larger chunk.

    You're also free to ask leave of the divorce court to suspend spousal support for however long it takes to make up for the deficit in addition to the other methods of collection.
  • 04-06-2007 9:18 AM In reply to

    Question [=?] re: Can Spousal Support be garnished?

    Please explain about "You're also free to ask leave of the divorce court to suspend spousal support for however long it takes to make up for the deficit in addition to the other methods of collection." Does that mean that I go to another court and motion to suspend spousal support until the debt is paid in full? In that case I would not have to garnish her wages. Correct?
  • 04-06-2007 12:15 PM In reply to

    re: Can Spousal Support be garnished?

    "Does that mean that I go to another court and motion to suspend spousal support until the debt is paid in full?"

    I said "divorce court", so I thought it was clear that I meant the same court that awarded you the money in the first place.

    Please talk with your attorney.
  • 04-10-2007 7:07 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,332

    re: Can Spousal Support be garnished?

    I cannot imagine why you and counsel did not ask for anoffset of the $40K by the $1500 /M (with adjustments for interest ) until you were paid up--why should you be the chump bank with no secured interest!



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