Legal Question in Family Law in California
Still Taking After 0 Balence
I would like to know how to get the garnishment for past erears stoped,and how i can get the money they have taken. I'm current on my support payments,this is deductied from my check on a weekly basis.I owed erars of $1,200.00. When i missed 2 support payments they garnished my check.I have since payed th full amont owed for my erars.Am i entiteled to this money? Am i entiteled to intrest on the over payments? And lastly, is this something the laywer who represented me should be handiling?
1 Answer from Attorneys
Re: Still Taking After 0 Balence
You do not state who is attaching your wages for arrears. Whether that is your ex or the district attorney, the responsible person should be contacted and requested to either recall the wage assignement or submitt a corrected wage assignment. Copies of the checks for payment of the current support and the arrears should be provided to that individual. A request for remimbursement of the over payment should also be demanded. If this is not fruitful, then a motion for an accounting should be filed. Sanctions, that is your attorney fees should be requested. By providing proof od the payment of arrears in advance the court is more likely to order her to pay your attorney fees.
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