Legal Question in Family Law in California

My ex husband has been court ordered to pay me child support. He refused to pay me and I was forced to garnish his wages. He just took a two week vacation to Hawaii (he was paid the same amount, he is gainfully employed with the Sheriffs Office and receives full benefits), and the county did not withhold child support for the past month and I’ve not received a payment.

Last year he took me back to court to have child support adjusted and reduced it, but he never filed the documents to change the deduction so I end up having to pay him back portions each month.

He just reached out and asked me for last months overage, but I have received no child support for this month. He says paying me isn’t his responsibility because of vacation and if the county didn’t take it, I’m not entitled to it.

Who is correct?

Asked on 10/18/22, 1:04 pm

2 Answers from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You are. The court order is for monthly payments, not monthly payments only if his wages are garnished. Wage garnishment is a method of collection, not a measure of the amount owed.

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Answered on 10/19/22, 12:55 pm
Timothy McCormick Haapala, Thompson & Abern, LLP

P.S. Have you filed your order with the Dept. of Child Support Services? It sounds like not. You should do that. They will handle the collections for you.

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Answered on 10/19/22, 12:56 pm

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