Legal Question in Family Law in California

Wage garnishment

After 11yrs of supporting my son, I began having med problems so am now on disability. I filed for Child support and was awarded 1266/mo. Because he bought me a car but took the loan in my name (he sales mgr dealership in AZ) then took the car I was driving and was to sell it. He had to get it paid off so he could take it from CA to AZ. He had given me the 1st car in lieu of child support. Since I filed he hasnt paid one car payment and I have paid all but 900 on the last car note of 4200. Since I couldn't trust him, I garnished his wages. My question is since he gets paid wkly I am supposed to received 52 checks a year. He has only been paying since Oct and is 6-7 wks behind. When there is 5 pay periods in a month, I get 4. Then they mail my check that is cut the same day as everyone on Wed, I usually don't receive mine until the following week or sometimes the week after. this is why I did this, so I could have a sense of security and possibly get my son out of my 1 bdrm apt. Are employers allowed to do this or just in AZ. Or should I get a lawyer, his dad after 11yrs wants joint custody after with his son.... He just bought a brand new house and needs the child support.


Asked on 1/28/07, 3:33 am

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

Re: Wage garnishment

Depending upon how he is paid you would receive 12, 26 or 52 checks per month. Save the envelopes for the checks you receive in the future. Since he lives in Arizona and you live in California, contact the U.S. Attorneys office about rectifying this situation. Also the local child support services should assist you in this matter. They will refer your case to its equivalent in Arizona.

Joint custody does not necessarily mean that he will have your child 50% of the time.

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Answered on 2/12/07, 10:22 pm


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