Legal Question in Family Law in California

Reasonable amount of living expenses

I am concerned about someone I know whose entire paycheck (stubs read $0.00) is being garnished for child support and I believe spousal support. Is there anything he can do to have the amount he pays reduced? Are there any resources are available to him since he cannot afford a lawyer at this time?


Asked on 11/14/06, 2:40 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Reasonable amount of living expenses

Possibly, but we would need to know more about the case. Garnishments are typically only for a percentage of a persons earnings, and can be offset with a hardship exemption, if applicable. For prompt, affordable assistance, contact us today for a free phone consultation.

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Answered on 11/14/06, 3:36 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Reasonable amount of living expenses

The law on wage assignments or attachment is that 25% of the after tax income can be withheld for debts. However CHILD SUPPORT, can be upto 50% of the after tax income, unless there is a court order then it can be as high as 75%. Even if there are several wage assignments served at the same time the above are the maximums that can be withheld. If the entire amount being with held is for current or on going child support then he should file a motion to reduce the amount of support. The court has a family law clinic that can assist in preparing the required motion.

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Answered on 11/17/06, 12:57 am


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