Cómo cobrar la manutención del cónyuge
Usually, the employer withdraws payments directly from your spouse's paycheck and sends them to you (called incomeallocation or incomewithholding). Some people call this a wage garnishment. If your spouse does not pay support, there are steps you can take to collect support owed to you.
How you receive child support payments
Often, payments come directly from your spouse's employer.
Whenever a judge orders someone to pay spousal support, they usually also sign an income allocation order. The income allocation order tells your spouse's employer to withdraw support payments from your spouse's paycheck. If your spouse also has a child support income allowance, the employer withdraws child support first. Spousal or domestic partner support is withdrawn after child support.
The employer sends the money to you. If you also receive child support, the employer sends the money to the State Disbursement Unit (SDU), which then sends it to you.
If your spouse does not have an employer on a regular basis, that is, if he or she is self-employed or has an employment contract, the judge may order your spouse to send the payments directly to you.
You can agree to receive support payments directly from your spouse
Some people agree with this if your spouse has a history of making payments on time and if paying support through your employer would cause hardship. If you also receive child support and the local Child Support Agency (LCSA) is part of your case, then someone from that agency will need to agree as well. The judge must sign the agreement to be part of the order.
If you agree to receive payments directly from your spouse, you can still apply for an income allowance, but ask that it be put on hold (suspended). Then, if your spouse stops paying you support, you can ask the judge to end the suspension of the income allowance. This means you can send it to the employer.
El Centro de ayuda de su corte puede ayudarle con las órdenes de asignaciones de ingresos o de retención de ingresos. Si necesita ayuda con los formularios o si el empleador de su cónyuge no envía el dinero, hable con el personal del Asistente de derecho familiar o del Centro de ayuda de su corte.