Legal Question in Family Law in California

His employer is over-withholding. It is illegal to garnish more than 50% of the take-home pay. That is only part of the problem, however. There is no way his support obligation should be half his take-home pay. It should only be around 25% if she makes nothing and he has no custodial time. So he needs to go in for a modification fo the support order. As for what happens when you get married, nothing unless he again asks the court for a modification, but chances are the marriage will not affect his support enough to be worth it. When the new baby comes, however, that will be another significant change to the support calculation. He should go in to modify now, and then again when the baby is born.

It would be a very good idea to reassess the support by meeting with an attorney. There is a guideline for support thst is used by the courts and is in the form of a software program. Skilled use of the program can produce different support senarios. The results of the analysis can help you determine if now is the time to return to court to modify the support numbers.