| Will They Take Child Support Out of My Paycheck? |
by: Wyoming Legal Services - Casper Office
|
| Q. | If I don't pay my child support, will they take it out of my check?
|
 |
| A. |
They could.
When you go to court and get a child support order in Wyoming it will include something called an income withholding order.
This will happen if:
- you are getting divorced
- are looking to change your child support payments
An income withholding order allows the court to have your child support payment taken out of your paycheck.
Just because there is an income withholding order does not mean payments will have to come out of your checks.
It just means that the court can take them from your paychecks if it finds a good reason to. |
|
| Q. | Can my ex and I agree to make payments a different way? |
|
| A. | In order for you to do this two things will have to happen:
- the court will have to find that it is in the best interests of your child or children.
- the agreement will have to be in writing.
If you want to change your support payments, you may have to show the court that you have made all your past payments on time.
If you can show this, the court may agree that you don't have to have payments taken from your check. |
|
| Q. | When will payments be taken from my paycheck?
|
|
| A. | It can happen in these ways:
- The court can order that payments be taken from your checks
- You can request that payments be taken from your checks
- If you are late on your payments, your ex can ask to have them taken from your check.
|
|
| Q. | Is there any other time that child support payments can be taken from my paycheck?
|
|
| A. | Yes. Child support payments can be taken from your paycheck if you have something called arrears.
You have arrears anytime you are past due on the following:
- Child support
- Medical support
- Spousal support
- Certain kinds of attorneys fees
- Guardian ad litem fees
|
|
| Q. | Is there anyway to stop them from taking payments out of my paychecks?
|
|
| A. | Yes, you can try.
In order to stop this you have 20 days from getting a notice telling you that they are planning to do this.
Within this 20 days you must file a petition with the court. The official name of what you must file is a Petition to Stay Service of Income Withholding Order.
If you win, this will keep the income withholding order from going to your employer. It will keep payments from coming directly out of your checks. |
|
| Q. | What do I have to put in the petition? |
|
| A. | For starters, you must tell the court these things:
If you are not sure, check with the clerk to find out what what forms to use. Make sure to fill out the forms completely. |
|
| Q. | What else do I have to tell the court in my petition? Is there anything else I have to do? |
|
| A. | You must ask the court for a hearing within 5 days. If you don't remember to do this, you will lose.
You must also send a copy of your petition to the people who want payments to come our of your check. This would be either,
When you file, double check with the court clerk to make sure that you mail it to the right place. |
|
| Q. | Can I file this petition for any reason? |
|
| A. | No, you can only file it if:
-
You are being asked to pay more than you really owe, or
-
They have the wrong person and you are asked to pay money owed by someone else |
|
| Q. | Where can I see a sample income withholding order? |
|
| A. | If you're not sure what one looks like, there should be an income withholding order in your divorce decree. You can also click here to view a sample order. |
|
