David Bliven’s answer: Do you have another child on the order? If the order was unallocated, this may be a reason the order is continuing. If not, then this may be an error on SCU's part and thus you need to immediately file an order to show cause with Family Court & ask for immediate suspension of the order pending the court date. Then if the Magistrate/Judge suspends the order, give a copy of the order to SCU & your payroll.
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Monday, October 29, 2012
Child turned 21 last month. Why am I still being garnished?:
Q: I called the payroll manager at work and she states that she's yet to receive an order to stop garnishing my salary, although as previously mentioned my daughter turned 21 last month. Will it eventually stop or do I have to petition the court? What do I bring? I don't think I have the order anymore since it was years ago and I've moved several times. And if the child is over 21, then why do I need to bring anything? Do I get my money back? Thanks in advance.
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