Legal Question in Family Law in California

I have a spousal support wage garnishment in CA that is not being paid by the employer. What can I do?


Asked on 8/11/11, 3:38 pm

3 Answers from Attorneys

Do you mean it is being collected and not paid out, or that they are not garnishing? If they are not garnishing, you have no legal rights because the right to the garnishment belong to the payee, not the payer. If they are taking the money and keeping it, you can have them hauled into court on a contempt citation. You would file an OSC re: contempt in the same court and case number as the rest of your divorce or paternity case.

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Answered on 8/11/11, 3:42 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

It is illegal not to pay amounts withheld pursuant to earnings withholding order. The employer has a legal duty to withhold the funds. Violation of these orders can expose the employer to civil damages and or criminal prosecution. A letter from your attorney to the employer reminding them of that fact with a deadline to comply would be the first step.

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Answered on 8/11/11, 3:56 pm


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