Legal Question in Family Law in California
My son is 14 yers old and I was never married to his father. We have no legal custody or support papers and I have always had custody of him. Father see's him evryother weekend. He does pay me support but when he wants to. Can I have his wages garnished?
Asked on 1/04/12, 2:15 pm
3 Answers from Attorneys
Arlene Kock
Law Offices of Arlene D. Kock APLC
You need a court order for a wage garnishment. If you have not filed a petition for paternity, now is the time to file that case along with a motion to establish custody, visitation and support. If you already have a paternity judgment, file your motion in that court case to deal with child support.
Answered on 1/04/12, 2:22 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Ms. Kock. You cannot garnish wages until you first have a valid court order for child support.
Answered on 1/07/12, 6:03 pm