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?
1 Answer from Attorneys
Re: Failure to abide wage garnishment order
Dear Inquirer:
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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.