Legal Question in Family Law in California
Wage Garnishment Question
My husband recently had a wage garnishment applied through his employer and we want to know how this is allowed when he has been current on all child support owed. For a period of over two years, he even had it automatically deposited into his ex-wife's checking account weekly. When we experienced problems in getting her to reimburse us when certain months contained 5 weeks rather than 4, we stopped the automatic deposit but paid her every week what was owed. Is it legal for his wages to be attached when he is not in arrears? Secondly, does this in any way affect his credit?
1 Answer from Attorneys
Re: Wage Garnishment Question
A wage assignment is automatic when requested, regardless of payment history. It is not a negative on the credit report. You may wish to learn more about wage assignments at my website www.californiachildsupport.com. In the future you may need to bring a motion to receive the reimbursement that she owes him. You can get attorney's fees for that motion if she fails to make the payment. Good Luck, Pat McCrary
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