Legal Question in Family Law in California
garnishment
My exwife's employer cannot garnish her for child support unless they receive from me an ''underlying order for support'' in addition to the order for garnishsment I sent them. What is this? Is it the original court order ordering her to pay child support every month that preceded the garnishment order(which occurred about one month later because she refused to pay)?
2 Answers from Attorneys
Re: garnishment
Your ex-wife's employer is just wrong. All they need is the notice of wage assignment that you have sent, however, they do not need the underlying order. This is a matter of Federal Law and they can be in contempt for failure to make the deductions and pay you according to the notice. Ask them to give you a statute or a court case that has ruled consistent with their request. That may be different if the employer is an Indian tribe. Good Luck, Pat McCrary
Re: garnishment
You are correct--it is the original court order signed by the Judge that ordered her to pay child support. I would suggest that you get it certified from the court or that may be the next objection that you may be facing.
Good Luck--Atty Karen
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