My husbands wages are being garnished for back child support. Is there any way to get this garnishment modified?

Yes and NO, if the amount is not correct according to state laws you can appeal and file a motoin to have the garnishment admended.
But what about it is wrong, does he owe it, was it court ordered ?

If he had paid what he was ordered by the court to pay in the first place, he wouldn't be having to pay back support.

FR_CHUCK... If you are a Christianity expert... then why do your answers not reflect this? I merely asked a legal question... hoping to get an answer from someone with LEGAL expertise.

For ALL of you righteous people out there... don't bother responding to this unless YOU have LEGAL advice. I don't want to hear anything else... it isn't anything I haven't already discussed with him. I DO NOT support his decision to stop paying child support years ago... I raised 4 children of my own (not with him) I am just trying to find a little breathing room in these tough times... and besides... there is a lot more to this story than just one question can explain.

I don't know what state you are in but I can tell you how it works in California (and this is likely true in your jurisdiction).

If it's past-due child support (not ongoing support), then yes, you can ask that the monthly amount be modified. This is done by a motion and the judge has discretion to set the monthly payment on the arrears at any amount that is fair and reasonable based upon your husband's ability to pay. It's a broad area of discretion with the court.

Now, if support is being collected by a local child support agency (LCSA), keep in mind that the LCSA in many states (such as Calif) can set any monthly amount they want to collect on arrears without the need to get a judge to sign off on it. It's kind of surprising but it's true (I've seen it several times). But, what they set it still subject to modification by the court.

If a LCSA is collecting support, I'd ask them informally to cut the monthly amount they are collecting at their discretion to avoid having to go back to court. They might do it if you can show what's being taken is too much or causing a hardship on the family. If they won't agree, then file a motion and ask the judge to reduce the amount.

YOU chose to ask a question here. By doing so, you open yourself up to comments deriving from what you posted. That's the way sites like this one work. You cannot dictate who answers or what they choose to say in their response. As long as the response does not violate the rules of this site (as your response to me did), then people can respond as they want. If you feel a response is inappropriate, then use the Report Inappropriate Post link and the mods will take appropriate action. If you just disagree with or don't like the response, ignore, or counter it as long as you stay within the rules.

As to Chuck being a Christianity Expert, many of our experts are people with knowledge and experience in a variety of areas. So they can and do answer questions in those areas.

Finally, you also chose to post a very simple question, with no background. Yes I expected there was more to the story, but since you chose not to provide it, we can only react to what you did post.

If a garnishment of salary was instituted for back support, the decision to do so was made by a court or a support collection agency. If a court did it, then there was likely a hearing. The time to protest or request a modification was at that hearing. If a support collection agency did it, then you would have to contact them to see if they have a procedure for requesting modification.

If a garnishment of salary was instituted for back support, the decision to do so was made by a court or a support collection agency. If a court did it, then there was likely a hearing. The time to protest or request a modification was at that hearing. If a support collection agency did it, then you would have to contact them to see if they have a procedure for requesting modification.

Yes, this is a very good point. But sometimes orders go into place by default so that can be an issue.

I chose not to respond to the incredibly rude and inappropriate (in fact downright insulting) comments of the OP to you knowing that you would follow up on it yourself (I have to admit I was tempted). And I have to say that the OP's replies were the most appalling I've seen on this board in the few months I've been here.

I know you and so many of the regulars here take time out of your day to be here to try to help people and then you encounter this sort of stuff. What do they say about no good deed going unpunished?

Welcome to the world of family law.

Yes I was assuming there was a hearing. If there wasn't or the support payer didn't show, then he needs to request a new hearing.

I've seen a lot worse then this OP. But there is also a lot more of thank yous from those you understand and appreciate the efforts. That's what keeps us going.

I've seen a lot worse then this OP. But there is also a lot more of thank yous from those you understand and appreciate the efforts. That's what keeps us going.

Yeah, I'm still a bit of a newbie here but I have to agree that "the thank you's" make up for all the mud thrown out you now and again. (not much different from the real world of family law).

Unfortunately I can't spend as much time here as I'd like (and I do this stuff all day long for a living as it is so I need a break from it once in a while) but it can be very rewarding and, as you said, that keeps us coming back.

If you want legal advice, contact a lawyer. If you want to dictate who can respond, speak directly with someone paid to speak directly to you. If you don't want to be questioned, stay off the internet.

As to your question - you can request a modification, but if the amount is correct and the money is owed, get used to it.