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Multiple Wage Attachments

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artbuc

Member
What is the name of your state (only U.S. law)? DE

My nephew's ex has been obligated to pay support since May 2010. At the time the Order was issued, ex worked as a part-time waitress with most of her income coming from tips. The Judge found that she was voluntarily underemployed and told her to find suitable employment. Wage attachments from the waitress job have paid only 36% of her obligation and arrears have been mounting. Three months ago ex got another job. DCSE began attaching wages from this new job which by itself provided 100% of the support order. Ex continued to work the waitress job. We asked DCSE to terminate the wage attachment from the waitress job but they said only the obligor can do that. For three months DCSE has been attaching wages from both jobs providing 136% of the support order. Overall, ex is still $3600 in arrears.

Ex's lawyer just filed a Motion asking the Court to terminate the wage attachment from the "100% job" calling it her secondary part-time job. Motion says that only her primary job (waitress) should have wage attachment because it provides "substantially all of the support obligation" and the balance can be paid directly by obligor. I don't know the legal definition of substantial, but I don't think 36% is substantial.

I can not find the definitions of primary and secondary employment in the Del code. However, how can anyone conclude that a job that provides 36% of the support obligation is primary and a job that pays 100% of the support obligation is secondary?

DCSE says that they will not terminate the wage attachment from the 100% job without a Court order and do not understand why ex's lawyer would file this motion. From their perspective, it is self-evident that the job which provides 100% of the obligation is primary and the job that provides 36% is secondary.

Ex's motion seems to be totally without merit. Are we missing something? Thanks.
 


artbuc

Member
Got the Court's ruling. Mother's motion was denied. The Court admonished Mother for allowing arrears to increase so much during the 10 months period in which the underlying Order has been in effect. Said they would reconsider Mother's motion if she is able to demonstrate a "sustained" period of paying more than the required $XXX per month. I suppose Mother could immediately cancel the wage attachment of the true secondary job (the one that provides 34%) but I don't she will do that because that would take away her chance of getting what she really wants which is the termination of wage attachment from her primary job. My nephew's Response to Mother's motion was well written supported by documented facts. It took the Court less than 5 days to rule.

I still can't believe Mother's scumbag lawyer filed this motion. Imagine asking the Court to terminate a wage attachment promising Mother will pay the difference when Mother is in blatant contempt of the underlying order. What a joke. Mother and her lawyer deserve each other, that is for sure.

PS In my original post I said the job that Mother claims to be primary provides 36% of her monthly obligation. Once I got into the numbers, it turned out to be only 34%.
 
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mistoffolees

Senior Member
Got the Court's ruling. Mother's motion was denied. The Court admonished Mother for allowing arrears to increase so much during the 10 months period in which the underlying Order has been in effect. Said they would reconsider Mother's motion if she is able to demonstrate a "sustained" period of paying more than the required $XXX per month. I suppose Mother could immediately cancel the wage attachment of the true secondary job (the one that provides 34%) but I don't she will do that because that would take away her chance of getting what she really wants which is the termination of wage attachment from her primary job. My nephew's Response to Mother's motion was well written supported by documented facts. It took the Court less than 5 days to rule.

I still can't believe Mother's scumbag lawyer filed this motion. Imagine asking the Court to terminate a wage attachment promising Mother will pay the difference when Mother is in blatant contempt of the underlying order. What a joke. Mother and her lawyer deserve each other, that is for sure.

PS In my original post I said the job that Mother claims to be primary provides 36% of her monthly obligation. Once I got into the numbers, it turned out to be only 34%.

First, it's not your issue. Have your nephew sign up.

If I were the nephew, I'd hire an attorney and let them handle it - and ask the judge to order ex to reimburse the expense.
 

artbuc

Member
First, it's not your issue. Have your nephew sign up.

If I were the nephew, I'd hire an attorney and let them handle it - and ask the judge to order ex to reimburse the expense.

First, it is my issue as I have explained ad nauseum.

Right, hire a lawyer @$350 per hour when you make $25k per year digging ditches and have two girls ages 17 & 15 and get, if you are lucky, $300 bucks per month CS and ZERO $$ for school clothes, soccer gear, etc, etc.

Judges in DE Family Court do not reimburse legal fees and do not impose sanctions. Mother was found in contempt of Court twice. Also, Judge found that she had provided "false testimony" and had given the Court "fraudulent" documents. No penalties whatsoever which is why, presumably, she and her lawyer continue this stuff.
 

ecmst12

Senior Member
I don't see that you have any questions anymore. They went to court, dad got the outcome he wanted, end of story. Thanks for the update.
 

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