Why is child support still garnishing my friend’s wages and her children are back in her custody?

There could be at least two possible reasons. 

1. Even though the child is living with you, if the court and/or the child support collection agency has not been made aware of the change in custody and modified the child support order, then your friend’s wages will continue to be garnished for the collection of child support. If this is the situation, your friend needs to file a motion or petition to modify the child custody and support awards.  

2. Even if the child custody and support awards may have been modified to reflect the fact that the child(ren) are now in your friend’s custody, if your friend has child support arrearages (child support “arrearages” are that amount of money that is owed and should have been paid earlier), then his/her wages can continue to be garnished to pay those arrearages. If this is the the case, one of the options your friend might have is to ask the court to offset against his/her arrearages the amount that the noncustodial parent would otherwise be paying him/her as child support until the arrearages would have otherwise paid. Then, after the arrearages are paid, child support can be paid to your friend in the normal course.   

Utah Family Law, LC | | 801-466-9277  

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