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Garnishment is a legal process where a portion of a person's wages or assets are withheld to fulfill a financial obligation, such as child support or alimony, typically ordered by the court during divorce proceedings.
Either party involved in the divorce, their attorneys, or the state's child support enforcement agency can request garnishment.
Garnishment can be used to enforce payment of child support, alimony, or other court-ordered financial obligations arising from the divorce.
Once a court order for garnishment is issued, the employer or financial institution of the person who owes the financial obligation is notified. They are then required to withhold the specified amount from the individual's wages or assets and send it directly to the appropriate recipient.
Yes, either party involved in the divorce can contest a garnishment order by filing a motion with the court. Valid reasons for contesting garnishment may include a change in financial circumstances or an error in the amount being withheld.
If the person subject to garnishment changes jobs or banks, the court order for garnishment should be revised accordingly. It is important to notify the court, the new employer, or the new financial institution to ensure the withholding continues as required.
Under federal law, the maximum amount that can be garnished from an individual's wages is typically 25% of their disposable income for child support, and up to 50–60% for alimony. However, these limits may be subject to change.
Yes, garnishment can be stopped or modified in Alabama. If there are legitimate reasons to modify or terminate the garnishment order — such as changes in income or financial circumstances — a party can file for a modification or termination with the court.
Garnishment itself does not directly impact credit scores, but if the individual fails to meet their financial obligations, which led to garnishment, it can negatively affect their creditworthiness. However, garnishment should not typically affect employment unless it violates state or federal laws.
If you believe you are being unfairly garnished in Alabama, consult with an attorney who specializes in family law. They can help assess your situation, determine if there are legitimate grounds for contesting the garnishment, and guide you through the legal process.
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