Legal Question in Family Law in California
My brother said he would pay more than the court ordered amount at his divorce hearing and because he said it in front of judge, his soon to be ex is now having more than half his check garnished. He doesn't even have enough left over to survive. At the time he said that he hoped to get her back but now he may not be able to even afford his rent since she has more than half his check. Is there a way to get this modified even if its very recent? She is choosing not to work and it seems very unfair how it all has been figured for the child support.
2 Answers from Attorneys
What matters is what the court ordered, not what he said. She can't garnish more just because he said he would pay more, she has to garnish only what is due from a court order.
I think Mr. Roach is missing the point. I think you mean the court ordered what he said. Even so, the first thing he needs to do is tell his employer that no matter what the amount of the garnishment, it is illegal for them to take more than 1/2 of his final pay after all deductions. Next, he needs to hire a lawyer to undo his stupid mistake, because even if the employer only withholds 1/2, that will mean he will be running a past due balance of the difference at 10% interest.
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