Legal Question in Family Law in California
Will he have to pay
I have a document that i wrote out for my daughter's father to sign that said how much child support he owes me. I had closed my case against him with the District Attorney for wage garnishments so that he would not have any problems with his work. He signed it but has not paid any money to me so far, it has been 3 years now. He signed the document and well as myself, his paernts and my husband as wittnesses. Will this signed document stand up in court and can i get him to pay the money that he owes? And if so will they attach a garnishment for his wages to pay this?
Thank You,
Christine
2 Answers from Attorneys
Re: Will he have to pay
It is unclear whether the document is just an acknowledgement of what the child support order was or if it was instead of an order. Either way you need to go back to the court and ask for a new order for ongoing support and for some payment on the arrears to be paid by wage assignment. An employer is not allowed to fire an employee because they pay child support by wage assignment. If he really believed it was going to jepardize his job he should have paid you directly as agreed. By the way, you can always reopen your case with child support services.
Re: Will he have to pay
I suggest that you immediately return to the CSSD and reopen your case.
The reasons provided by the father for no assignment of his salary are meritless - his employer is not entitled to take any negative action against him because he of a child support deduction from his check.
Regards,
Damian Nolan
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