Legal Question in Family Law in California
child & spousal support mishaps
When I got divorced from my wife 5 years ago, I had a wage garnishment where my employer was paying my child and spousal support through the court. I lost my job for a couple of months and so my ex-wife went to child support services. A couple of weeks later, I get a letter from the mail that I owe over $50,000.00 of child and spousal support. Obviously there's been an error cause my pay was being garnished for about 5 years. I've tried numerous times to have the child support service review the case but they insist that they had no records that I've paid a cent for my support. How can I fix this cause not only am I having my pay garnished for a higher support amount but I'm also being reported to IRS in which they also want a piece of my money?
Thanks for the time.
3 Answers from Attorneys
Re: child & spousal support mishaps
Check with your employer and get a copy of the your pay records that show the money was being taken from your check and paid for child and spousal support. Learn from this and keep pay check stubs or checks for every payment that you make for child or spousal support. These records need to be kept for the rest of your life, and given to the executor of your estate.
Re: child & spousal support mishaps
Get representation and set an OSC, subpeona pay records for your day in court. Call me directly at (619) 222-3504.
Re: child & spousal support mishaps
You will need to file an Order To Show Cause to determine arrearages and equitable distribution. In your papers you will need to provide your own accounting and request an accounting from DCSS.
If we can be of assistance, please feel free to call the office at 562/ 601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.
Kind Regards,
Damian Nolan
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