Legal Question in Family Law in California
I have a current CS/SS order via wage assignment. I am currently being overpaid, however my ex's attorney subbed out due to my ex's nonpayment/noncompliance on the case without filing the change in child/spousal support.
The divorce went through nunc-pro-tunc however the wage assignment reflecting the new support was never filed with my ex's employer. I have a endorsed/original copy of the wage assignent that his attorney sent me. I have been paying back my ex husband the overpayments minus the offsets of joint childcare expenses that I have paid in full to date. This has been very convenient as he has a history of nonreimbursement.
My question is this:
1. Should I simply give his employer the wage assignment?
2. If so, can they withhold back overpayments without an order?
3. Or do they simply withhold the correct amount of support from future payments?
My worry is that the employer will withhold all support payments (and I'll receive nothing for a few months) until the overpaid amount is cleared up which will be financially catastrophic.
Also, the current wage assignment order has his attorneys name all over it, is his attorney responsible for this mistake??
1 Answer from Attorneys
The employer must follow the wage withholding order that has been served on it. They should not attempt to equalize the overpayment by not withholding the full amount of the wage assignment. Your ex would have to go to court and get a court order allowing the deduction for pay back.
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