Legal Question in Family Law in California
wage garnishments
I have always paid my child support on time. However, my ex-wife is currently going through another divorce and recently had me modified. My oldest child turns 18 on June 5, 2002, but my child support was increased instead of being decreased. Why do I have to have a wage garnishment through my employer when I can take it to the District Attorney's office myself without looking bad and causing extra work for my employer? Are there any options for me?
2 Answers from Attorneys
Re: wage garnishments
Assuming that your child will graduate from high school in June 2002, shortly after the 18th birthday you have only one payment to make. Therefore just make the payment on June 1 and it will be over with.
If your child will not graduate from high school this June you will have to pay child support until the child graduates, quits school or turns 19.
Calfornia law mandates a wage assignment be issued for each child support order. The only exception is when the payee does not request a wage assignment.
Re: wage garnishments
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, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Ca Family Code �5230 mandates the payment of support by wage assiginment, absent agreement of the parties to the contrary. Ca Family Code �5260 sets forth the grounds upon which a wage assignment order may be stayed. Once the DA's Office gets involved it is very difficult to get a wage assignment order stayed. See an experienced family law attorney in your county for further information and for advice.
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