MO exsisting spousal maintenance order vs child support order

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Old Mar 2nd, 2011, 09:48 AM   #1

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Default MO exsisting spousal maintenance order vs child support order

Does an exsisting spousal maintenance order with no minor children from ex wife have priority over a child support order established after it was already in place?
The spousal maintenance includes a small poriton of child support for an adult approximately 31 who has sickle cell yet now lives in Tampa on his own (about $150.00) and around $734.00 for spousal support total $884.00 per month) The child support order is for a five year old and he did not pay for the first year of her life and I was only able to get retro pay for less than a year and then of course he fell behind and now is in arrears of over $5000.00. The monthly amount ordered is $300.00 and since then my financial situation has changed. I was making $1993.00/ month and now I make $650.00 a month. I lost my home of 13 years to foreclosure and relocated and now in danger of making my daughter lose her new home because I can not meet the rent (she is military). His income has dropped some to but not sure how much. He was supposed to petition the courts to have his spousal support order amended especially since she now makes more money than him, and supposedly the order is permanant.
I was able to get a Notice of income witholding done and sent to his employer (no help from Ga support office even though they are supposed to be working my case)
The employer does not withhold the full amount due to the spousal maintenance order. However, in addtion the employer withholds the child support but does not send it in a timely manner. For example wages have been withheld from the ncp since November 5th 2010 biweekly and for the whole month of January 2011 no payment was recieved and in February I recieved only one payment that did not compensate for Januarys payment or even meet the February obligations. Can I contact the attorney generals office to get the employer to send the funds in?

I have already asked for a modification from Mo where he resides however the original order is from Indiana. Yet while waiting on that to process I would like the employer to at least send my payments in a timely manner.

Please help!!!
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Old Mar 3rd, 2011, 03:03 AM   #2
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Default Re: MO exsisting spousal maintenance order vs child support order

I wish to inform you that spousal support and child support amount are liabilities which a person has to pay. There is no priority in this regard. If there is a change in income the court order for reduction of child support and spousal support may be obtained. Employer will withhold salary portion that is ordered by court. In the absence of court order wages cannot be garnished.

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