[CLBS] Child Support adminstrative garnishment priority over existing garnisments

[Charles Johnson]

Dear CLBS members: 

  

            I represent the Plaintiff creditor in a pending State Court
action. where we had a garnishment that paid regularly for some period of
time.  The debtors then apparently were divorced or separated and the Idaho
Department of Health & Welfare issued an "Income Withholding Order" (IWO) by
a bureaucrat without a Court approval, which required the employer to pay
child support to them and not our prior pending garnishment. 

  

            I could see no basis for issuing such an IWO without due process
(notice of opportunity to be heard) that was not approved by the Court.  I
further disputed that this later issued IWO has precedence over a prior
existing Court ordered garnishment.  Finally, regardless of the existence of
the IWO, both the debtors (the one paying child support and a recipient of
the child support) owe the obligation so it should be paid by them anyway. 

  

            I am researching the issue but have concerns about this
procedure.  However, before spending a significant additional time on
research costs and attorney fees, I wondered if anyone would share their
insight on the validity claim that an IWO takes precedence over an existing
Court ordered garnishment on the same wages.  I would welcome any replies
either on the list-serv or privately if you would prefer.   

  

            Thank you.  If you have any questions or comments please email.


  

                                                            Sincerely, 

                                    

                        

                                                            Charles Johnson 

CJ/jp 

  

Charles Johnson 

JOHNSON OLSON CHARTERED                           

419 West Benton 

P.O. Box 1725 

Pocatello, Idaho  83204-1725 

Telephone: (208) 232-7926 

Facsimile: (208) 232-9161 

E-Mail:  <mailto:cjlaw at allidaho.com> cjlaw at cableone.net 

ISB No. 2464 

Attorney for Plaintiff 

  

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