Legal Question in Family Law in California

Failure to abide wage garnishment order

I had a wage assignment order established in Feb. 1999. The father of my child had been keeping up with payments until last December 2000, which now makes him 4 payments behind. He is employed by his mother, who is the owner of the restaurant he works at. As of this date, they both refuse to pay. Is there anything I can do, since the employer is the one responsible for deducting the amount from his check? I was told she can be held in contempt and fined for failure to abide. Is there a form I can file on my own to do this? What would be my best choice?


Asked on 3/01/01, 2:29 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Failure to abide wage garnishment order

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

A contempt proceeding is very close to a criminal

proceeding with regard to safeguards, rules of

evidence and procedure. It may not be prudent to do

it yourself. Maybe your first action should be to contact the

local Family Support Enforcement Agent (formerly

part of the DA's office.)

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 4/25/01, 3:51 pm


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