Is alimony subject to garnishment?

In Hawaii, alimony can be subject to garnishment but it is not required. This means that an individual may choose to garnish alimony payments if they feel it is necessary for the enforcement of a court order. Generally, the court will issue an order for garnishment when a former spouse fails to pay alimony or when the payment falls behind. The garnishment will then be issued and deducted from the former spouse’s paycheck or other source of income and sent to the recipient of the alimony. In some cases, the recipient may choose to proceed with garnishment, even if the former spouse is paying on time, if they fear that the former spouse may become delinquent in the future. The garnishment can help to ensure that the recipient is guaranteed to receive payment in a timely manner and without fear of being shorted. It is important to note that different states have different laws regarding alimony garnishment. In Hawaii, garnishment cannot exceed 25% of the individual’s paycheck, and the garnishment cannot exceed the amount the individual is receiving in alimony. In addition, alimony garnishment can be avoided if the former spouse is able to enter into a mutual agreement with the recipient preventing garnishment of alimony. In summary, alimony can be subject to garnishment in Hawaii, but it is not mandatory. The individual receiving alimony can choose to garnish alimony payments as a safety measure. Each state has different laws in place, so it is important to check your state’s laws if you are considering taking this type of action.

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