Legal Question in Family Law in California
Obligor making deductions from child support
I have an order for child support issued by the court. The paying parent has been deducting ''debts'' from his payments. They are things like a cell phone bill he wanted me to pay him, and money he gave me to buy xmas presents for the kids but now wants reimbursed. These ''debts'' have not been proven. Can he do this? What are the payment guidelines? If he has his payments in 2 installemnts per month does he pay in advance or after the time has passed?
2 Answers from Attorneys
Re: Obligor making deductions from child support
He does not have the right deduct money from child support for any debt that you owe to him. The easiest way for you to deal with this problem is to obtain a wage assignment for the amount of the child support. His employer will then deduct that amount from his wages. Most employers multiply the monthly child support by 12 and then divide by the number of pay periods in a year. You should keep accurate records of the amounts that he pays you each time. The support payment is due on the date the court ordered it paid. The courts family court clinic can assist you in preparing the wage assignment.
Reply: Obligor making deductions from child support
In a general sense, under Californnia law the decuctions you have described are not appropriate. If you obtained an Order Assigning Wages, the support would be deducted from your spouses wages, and paid to you directly from your spouses employer, thus eliminating the opportunity for your spouse to make those deductions. Also your spouse will owe you 10% interest per annum on any support arrearage.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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