Legal Question in Family Law in California

Garnishment vs. wage assignment

My daughter just went to court and was awarded 750 a month child support for one child.

The court also ordered a garnishmnet of the father's wages, which I understant is the norn for CA.

The father is now trying to talk my daughter into forgoing the ''wage garnishment'' and allowing him to have a ''wage assingnment'', saying that this will allow him to borrow money and get credit easier. Is this true? or does he just want to control the child support? This ''wage assignment'' that he wants... can he stop payment or amend it in any way? What gaurentee does she have (if any) that he will still be forced to pay the amount stated by the court, or will she be forced to to back to court to enforce any monies that are due her in the court order. The wage assignment, is good until the court modifies the original order? or does it have to be renewed every so-often? Sorry for so many questions, but I want to be as thorough as I can.

Any information will be greatly appreciated so she can make an informed decision.

She wants to do the right thing in getting along with the childs father, but he has been known, in the past, to try and change other verbal agreements. thank you .

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Asked on 7/04/02, 12:38 am

4 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Garnishment vs. wage assignment

Keep the wage garnishment in place, and make sure it is enforced.

Martin

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Answered on 7/05/02, 5:48 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Garnishment vs. wage assignment

I seriously doubt that a "wage garnishment" has been made. The proper procedure in California is to do a wage assignment in family law matters. A wage garnishment can only happen if the case has been converted to a civil case, in which case your daughter would only be entitled to collect until the amount of the judgment is paid off. She then would collect no more. The only way this could happen is if child support is no longer owed (i.e. the child is 19 years old) and the only money owed is arrears. I am sure you are confused. At any rate, by all means, your daughter wants a wage assignemnt which allows up to 60% of the obligor's wages to be attached. A wage garnishment allows only 25% to be attached. I think what the oblior wants is to make voluntary payments instead of those payments coming out of his paycheck. Your daughter has every right to collect the money any way she chooses (if no welfare is owed), but common sense would tell you that support is much less likely to be paid on a regular basis if there is no wage assignment.

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Answered on 7/04/02, 7:10 pm
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Garnishment vs. wage assignment

In most counties in California a wage assignment is handled by the district attorney's office. In order for your daughter to release her ex from this arrangement she must now go through the District Attorney's office.

Remember, those payments are for the benefit of your grandchild not your daughter. If she lets her ex off the hook for the payments then she becomes solely obligated for those payments. Since she has had problems in the past with her ex paying support and other obligations it may not be in her best interest to let him off the hook.

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Answered on 7/09/02, 5:37 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Garnishment vs. wage assignment

So far as I am aware garnishment and wage assignment are the same. Wage assignment is the ststutory procedure in California.

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Answered on 7/04/02, 1:47 am


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