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.

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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.

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Answered on 1/07/12, 6:03 pm


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