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Work with an experienced attorney in garnishment proceedings

Child support and spousal support can be challenging financial responsibilities to deal with for those who have gone through a divorce. In some cases, financial strain can lead to the inability to meet one's financial responsibilities to a former spouse and one's children, which can then result in a court issuing an order for garnishment of earnings.

Garnishment is the legal process under which a party is able to collect payments from another party who owes them money under a court judgment. This includes payments for spousal support and child support. In order to pursue garnishment in Arizona, the money one seeks to obtain must be located in Arizona rather than another state. Those who want to pursue payments from an out-of-state party need to do so under the laws of the state in which that individual is located.

Garnishment can be applied not only to the debtor's wages, but also commissions, pensions and bonuses, as well as money or property owed to the debtor and in possession of a third party. This includes bank accounts, items in a safe deposit box and rents.

It is critical for garnishment proceedings that one brings appropriate financial information about the party from which one seeks payments. That information must be specific and accurate, because if there any mistakes in the filing, the judgment creditor-the individual seeking payment-can be forced to pay attorney fees and other costs. Working with an experienced attorney in such proceedings is, therefore, an important thing to do.

Source: Arizona Courts, "Introduction to Garnishment," Accessed October 29, 2014.

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