There are several ways child support can be paid, and each method has advantages and disadvantages. One parent can directly pay the other by cash, check, or money order. This person-to-person method is simple and does not require waiting for any processing time by the state. The receiving parent must keep records and track the payments. Enforcement is more difficult and is not as automatic. If you agree to this type of payment, it is wise to include a provision that if payment is missed for a certain number of months, wage garnishment (see below) will be set up automatically.
Wage garnishment is another method of payment. Child support is deducted from the paying spouse's paycheck and sent either to the receiving spouse or to the state Child Support Enforcement Agency. Garnishment requires an extra step of formally notifying the paying parent's employer and setting a court date for the garnishment order. The parent receiving the support must handle all of the paperwork. The employer is legally obligated to withhold the support from the paycheck. The advantage of this method is that payment is made automatically. There are several disadvantages. First of all, the paying parent is likely to find it embarrassing, which might escalate hostilities between you. Second, there are limits to how much can be garnished from wages, so you may not be able to get the entire support amount this way. If your spouse is self-employed, you cannot garnish the wages. You also cannot prevent the paying spouse from quitting his job, which then puts you in the position of having to do more legwork to find the new employer and garnish again.
Brette McWhorter Sember
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For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--