Legal Question in Family Law in California

Wage garnishment for child support

defendant court order was to pay the plantiff $403.00 per month child support for 18 yr old son attending non-mainstream high school. Payments were being made as specified by the courts. Plantiff dropped off non-court ordered garnishment papers to defendants employer to garnish wages aside from $403.00 which the court had already ordered to be paid direct from defendant to plantiff. Employer garnished defendant payroll check. These papers were never signed by the courts not stamped as filed etc. Can the plantiff actually do that is it LEGAL?


Asked on 1/28/02, 6:49 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Wage garnishment for child support

California law requires a wage attachment to be issued every time that child support is ordered. Your duty is to pay the child support until the wage assignment is issued and served on your employer. Once the employer starts withholding wages you no longer need to pay the support directly.

Unless you owe some arrearages then the total paid would be the amount of the court order, whether that is by withholding or direct payment.

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Answered on 1/28/02, 10:12 pm


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