Legal Question in Family Law in California

Wage Garnishment Over Payment

I paid the first installment of two monthly payments to my ex prior to my employer being served with garnishment papers. My employer then attached two paychecks in one month in addition to the initial payment I made. My ex will not return the third payment; stating payments are due on the 1st and 15th and since my payroll cycle does not coincide with these dates it just means payment will be a week or two early instead of always late. Is this correct?


Asked on 10/18/02, 11:55 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Wage Garnishment Over Payment

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You are not required to pay early, nor is your employer required to with-hold (and forward) money that will be due at some future time. You can talk to your payroll department, asking them to make the proper adjustment, and to so notify your ex. Or you can just let it be, creating a "cushion" for you against payments due in the future.

In either case, YOU should keep an accurate and up-to-date record of what is owed and what is paid, including paystubs showing the deductions and receipts for any direct payments, FOREVER. I assure you, at sometime in the future when a dispute about payments arises, you will be VERY glad you did.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 10/18/02, 12:18 pm


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