Legal Question in Family Law in California
My sister received a court order that she no longer has to pay child support (50/50 custody) Her ex is in contempt for not providing sufficient job search. He has now applied for welfare and once again, her wages are being garnished. If you receive a court order stating you no longer have to pay child support, would that not include ANY financial support? California law at its best?
3 Answers from Attorneys
If she has an order terminating child support, her wages should not be garnished for any continuing support. If she has arrearages, however, she may be having her wages garnished to pay that. I would also suggest double checking and making sure the County is not garnishing under a separate case order.
I have had trouble, in the past, with the Child Support Services Departments in acknowledging a satisfaction of judgment after a support order was terminated and the child reached the age of 18. I suggest that she first contact Child Support Services Department, and attempt to straighten it out through their bureaucracy.
Not necessarily. There are different types of financial support including child support, spousal support or alimony and family support. It is entirely possible that your sister has no child support obligation and still has a spousal support duty. She needs to look at the court orders to see what they say.
Many communities have low cost legal services available. I suggest she make an appointment and take her paperwork with her for review. A wage garnishment is normally based on a valid court order.
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Once an ex goes on welfare all bets are off. Still, there should not have been a wage garnishment without any notice. She should contact whomever issued the garnishment and see what is going on.