Legal Question in Family Law in California
Removing Wage Assignment
My husband has always paid court ordered support payments on time directly to his ex. Because she is upset that Spousal Support has ended, she has submitted an application with Dept of Child Support Services for collection of child support. They automatically attach wages when they receive an application. He has filed for a hearing to terminate the wage assignment so he can send payments directly to the DCSS. My husband will argue that he has never missed payments, and will state that his job in construction sometimes will not allow for full deduction because he does not work full weeks when the weather is bad. He will also state that it will cause a hardship if he has to continually check with DCSS to find out whether enough money has been deducted from his pay. The payroll clerk with the company he works for has made snide comments like ''...yeah, what happens is, when you get further and further behind on your support payments, they will order a wage assignment.'' Obviously it is causing embarrassment for him with his employer, and he hasn't even done anything wrong. He does not want to ever fall behind. What reasons are valid in order to have the wage assignment removed?
1 Answer from Attorneys
Re: Removing Wage Assignment
The wage assignment is mandatory when requested by the payee. DCSS always uses a wage assignment when collecting child support and the payor is employed, not self employed. It will probably be a waste of time and energy to ask them to rescind it and the court lacks jurisdiction to rescind the wage assignment. Report the payroll clerk's statement to her superior. The statement shows that she is both ignorant and insensitive. Good Luck, Pat McCrary
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