Legal Question in Family Law in California
Spousal support
Hi, I am asing this question for my dad. Him and my mom got a divorce in 1996 and when we went to buy a house in may he needed to show proof of his spousal support he has to pay and I noticed somthing on the court papers. It said my mom was supposed to pay $190 a month to my dad for child support and my dad was supposed to pay my mom $460 a month for spousal support. Well they have been taking both the $190 and the $460 out of my dad's check every month since then. How does he go about getting that fixed? I told him about it but I think he is afraid to go to court because last time my mom got a lawyer so he had to get one and he had to pay for his and most of hers. The way I see it this is a court error and something that they should fix. Can he just go to court and have them fix it or does he have to go to court with my mom again?
3 Answers from Attorneys
Re: Spousal support
I don't think he should have to go to court unless he wants to get the money back. Even then, your mom should be willing to stipulate and if she doesn't, your dad could ask for attorney's fees.
Your dad should take the paperwork to the people doing the garnishment and show them that the $190 shouldn't be being taken out of his check.
If they've been taking the $190 out of his check since 1996, that's a lot of money. He might be able to get spousal support reduced or terminated because of how much money he has overpaid her.
Re: Spousal support
Attempting to fix this himself may cost him more than an attorney. He should take the orders and paperwork to an attorney who can advise him of his options. Probably, the overpayment will be credited against his future spousal support. As to the child support owed by your mom, it will earn interest and he could use that to help pay his attorney's fees. Good Luck, Pat McCrary
Re: Spousal support
She will have to be noticed. He should get an attorney immediately. Contact me directly.
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