Legal Question in Family Law in California

child support wage garnishment

My boyfriend's kids have lived with us since March 2003. Half of his net wages are being garnished for child support for these kids. He requested a review and modification from the child support services department. The child support was modified but his wages are still being garnished for arrearages. The CSSD has been telling him for a year that they can't do anything unless the kids' mother contacts them. Not once in this entire year did anyone from the CSSD recommend that he file an OTC and motion with the superior court until last week (a response to his request for a complaint resolution which was requested 9 months ago). The money is being given to the mother by the way. She refuses to contact the CSSD and they refuse to do anything without her consent. If she received welfare while she had the kids over the amount of support owed why would they need her consent to adjust the arrearages? If I am reading the California welfare and institution code correctly section 903.4-4 states that they do not. My question is that if it is determined that they should have stopped taking this money a long time ago, is he entitled to reimbursement?


Asked on 1/16/04, 3:03 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: child support wage garnishment

Probably no reimbursement, however, he should go to court to get it all changed and ask the court for the relief requested. Best if have counsel to properly handle matter of such great importance.

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Answered on 1/19/04, 11:52 am
Damian Nolan Law Offices of Damian M. Nolan

Re: child support wage garnishment

Based upon what you have written, it appears you should be looking under the Family Code. The amount of information in your question really is not specific enough to make a firm determination. However, If there are arrearages, the Department of Child and Family Support Services may be within their rights to garnish your wages. You should speak with an attorney to determine if you have sufficient cause to file papers with the court to reduce or terminate the amount being taken. Good Luck to you! Regards, Damian M. Nolan

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Answered on 1/17/04, 6:59 pm


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