Legal Question in Family Law in California
Child support services filed a weekly wage garnishment to my husband�s employer. For the past three months his employer has �1. Either failed to put any money in from my husbands wages 2. or has only paid a small portion of the amount due or has during a call from Child support services said they forgot! Today I found out that since they did pay something they would not file a contempt of court � order to show cause against them. What do I do and what is the point of court orders when they are NOT enforceable? Any advice you have � my child and I need desperately. Thank you.
1 Answer from Attorneys
When the DCSS files a wage assignment, that is the best they can do to get the money. Most likely once it gets sorted out the employer will honor the wage assignment and you will get paid. It just takes time for it to kick in and get sorted out, especially if the employer is new to wage assignments. You can ask that your husband pay you while the wage assignment is being sorted out, as they are required by court order to do that prior to the wage asignment being paid, otherwise they accrue arrears.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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