Help bms atty trying to get judgment monies 2x

[wendl]

Soc,

Not sure how to handle this.

7/2/04 hearing judge ordered dh pay 2k for bms atty fees and 401 back daycare, this was put on order of cs.

Ok so the new order of cs was filed (dh cs went from 812 -650 per month) CS office now shows dh in arrears $2200

Today we get a form to his employer for garnishment from bms atty for the 2k plus additional fees.

If this 2k wasn't in the cs garnishment dh would have overpaid by over $600 already.

What in the world do we do as this was a mistake BM's atty made by including it in CS and now she is trying to get dh garnishment more with additional fees of $285.


Thanks,

**These are my opinions, they are not legal advice**

[socrateaser]

You file a motion to quash garnishment, on grounds that you are already ordered to make payment via established child support payments.

This may not actually be true, and you may be misinterpreting your support order. I'd have to read the entire order to know what's up.

[wendl]

thanks Soc.

Yes the 2k in in the cs order and it shows dh is arrears due to the 2k, I looked at the cs order when I got this new garsishment bs. (dh has never been in arrears) so if it wasn't included in cs order dh sould not be in arrears dh would have received over payments from the cs office like he has had in the past.

I have a call into our attoreny.


**These are my opinions, they are not legal advice**

[wendl]

I called bms atty last night and left her a message that these monies were already being garnished with cs.

Well I just got off the phone with the CS office and bms atty had called them and the CS office verified they were garnishing the 2k as it was awarded to CP and not to the atty, so atty cannot file a garnishment on DH.

So looks like her atty called cs to make sure I was telling the truth.

What a slap on the face for this atty as bm will never repay that 2k to the atty.


**These are my opinions, they are not legal advice**