Legal Question in Family Law in California

Terminate Wage assignment for Child Support

My husband was ordered to pay child support $690 per month, plus $200 per month for his 1/2 of day care expenses in 1998 on behalf of his 2 children. His wages were and still are being garnished every month. The oldest is now 19 and has her own apartment. The youngest is 15 and will be 16 in May. We have 5 year old twins and struggle every month to make ends meet. His ex-wife is re-married. Her husband has no children and his income is 3 times more than our income. They refuse to stop payment for child support for their 19 year old daugther who no longer lives with her as well as the $200 every month for daycare for their 19 year old and their 15 year old daughters. The child support was set at $690 plus $200 for daycare for both girls. We were told if we take the order back to court we will have to pay even more.? How do we stop the child support and daycare, for his now 19 year old daughter. Is it possible to terminate the wage garnishment? Are we screwed? Please help us!

Thankyou for your time.


Asked on 4/07/09, 12:21 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Terminate Wage assignment for Child Support

You have to look at whether or not the existing order specifies the amount of support for each child. If it does, you can file a new wage garnishment issued from the court for the amount of support ordered for the younger child only and serve it on his employer.

But run the numbers for child support -- our firm website can send you to a child support calculator and try to figure out whether current support should be higher or lower. Then you can make a decision about whether or not you want to go back to modify the current order.

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Answered on 4/07/09, 2:15 pm


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