Legal Question in Family Law in California
Notice to withhold income
I have a rather complicated question. I am in the process of filling out a notice to withhold income on my ex-husband for a current spousal support order ($1511.00) and unpaid child and spousal of over $100,000.00, on the form I understand that I am to put the $1511.00 per month on the spousal support line but what is the monthly amount to put on the past due child and spousal support line. I understand that since he does not have another family and is more than 12 weeks behind the maximum amount is 65%. His pay varies each month but is typically over $20,000.00 per month though he only gets paid about 6 months out of each year. I want to get the maximum each month since he only gets paid for 6 months each year. Please help, I just need to know how to determine the monthly amount that can be entered for the past due child and spousal. I also currently have a judgement for the $100,000.00 if it makes any difference.
2 Answers from Attorneys
Re: Notice to withhold income
You could do a civil wage garnishment in which case you would get the balance of 25% of his net wages after you take out the ongoing support. So, if his net wages after taxes are $12,000 per month, you could get a maximum amount of $3,000 per month, which would include your support judgment. However, you also could go back to court and get an order specifying a higher amount of arrears you can take out each month. Since you already have a judgment, you may be able to do this ex parte, without notice to him, or with very short notice. I would be glad to help. With his arrears being so high, it looks like he will be paying you for life. You can do more than seize his wages, you can tap his bank accounts and any property he may own as well.
Re: Notice to withhold income
I am a Family Law attorney who has specialiazed in collecting past due child and spousal support orders for over 16 years. You can do an earnings withholding order for 50% for support for the arrears. There are other remedies available to you depending upon more facts.
I do not charge hourly rates or retainer fees. My fees are contingent upon my collecting your past due support.
Please feel free to contact me for any additional information that you might need.
Patricia A. Lang
State Bar Number 131434
Lawyers for Family SUpport
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