Child support payment method and fees charged by my employer

Child Support 5 views 2 answers
the child support order indicates that the payments have to be sent to the kids mother' bank account ( she moved and at the time that papers were done she didn't know her new address) the headquarter of the company that I work for is in Canada so the payroll is done there, the owner says that I have to pay the wire transfer fee. The mom of my kids is agree to receive a Ck to her new address. my question is: Is it legal for court purpose if she send a notarized document to my employer where she is accepting to receive a CK in her new address instead to receive a wire transfer? Or does she have to go to family court to change the information?

Attorney Answers

2
A Mullaney ·
Since the order says that the child support payment need to be sent to the mom's bank account - that's what needs to happen. If you both agree for a different payment method, you need to have your final judgment amended to reflect the agreement.
0 upvotes
Carrie Turnerkrzyzaniak ·
If you want to continue the garnishment (from your salary) but change the method of payment (from wire transfer to mailing it to the Mother's home address), you will have to move to modify the garnishment order, which is called an "Income Withholding Order" (formerly known as an "Income Deduction Order") with the Court so that the change is made by Court Order. This is the Order that tells your employer how much to deduct from your salary. Although Florida Law states that child support shall be paid through Income Withholding Order (formerly Income Deduction Order), the Court may, in its discretion, even permit payments to be made by you directly to the Mother, especially if the Mother agrees and you have a history of paying child support on time (prior to the garnishment order being entered). This may be tricky for you to do alone since it requires you to submit an Amended Income Withholding Order. You may want to consult with an Attorney or the Court's Self-Help Department.
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