Re: Can They Garnish Fathers Wages For This
Who are you in this situation???
If the new timeshare agreement results in a change in support that is either 20% or $50 of the original order, yes.
Also, Can they garnish his wages?
If she is on welfare, he should NOT be paying her directly. He should be paying the state of CA (read: me) back for supporting his kids. Yes it is standard, in fact it is REQUIRED.
I mean, the DCSS (the mother is on welfare) is saying they are going to garnish his wages. Is this standard? Does he have to have his wages garnished if he is makeing his monthly payments?
No, he must continue to pay the child support order. $311 for 2 children is EXTREMELY low, so he shouldn't bank on having it lowered anymore, especially if mom is on welfare.
And finally, If he filed a motion to change child support based on a new job and more time with the children DOES child support stop until after a ruling is made?
If not, does he continue to pay the amount already court ordered?
No. They do not retroactively lower child support. If and I say if it is lowered, it will be effective the date the judge makes the order.
And if he does, does he get his money back if they child support amount decreases?
If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.