Can They Garnish Fathers Wages For Child Support

[thecarpenters]

My question involves child support in the State of: California

The father pays the mother currently 311 a month (by court order) for two kids. I have a couple of questions about it.

First, The father has them more time then what was written in the order. If he takes the mother back to court, will they reduce the amount based on how much he has the kids?

Also, Can they garnish his wages? 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?

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? And if he does, does he get his money back if they child support amount decreases?

Thanks

[CourtClerk]

Who are you in this situation???

First, The father has them more time then what was written in the order. If he takes the mother back to court, will they reduce the amount based on how much he has the kids?

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?

Absolutely

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?

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.

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?

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.

If not, does he continue to pay the amount already court ordered?

Yes

And if he does, does he get his money back if they child support amount decreases?

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.

[aaron]

A modification may be made retroactive to the date the petition for modification is filed, so it is possible for the modification to be made effective for a date prior to the entry of the ruling on the motion.

[CourtClerk]

Aaron, with all due respect, CSSD does not do retroactive modifications.

[aaron]

With due respect,

(a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date, except as provided in subdivision (b) or by federal law (42 U.S.C. Sec. 666(a)(9)).

Whatever the practices may be in your county, plain as day, the law provides exactly what I said.

[thecarpenters]

Who I am shouldnt matter. I am just asking the question for the parents. I am not the father or the mother.

Honestly, $311 is all the father can afford. That is why $311 is all that was ordered. The father is actually quiting his job in January and going back to school. He works in construction and there is very little, if any, work right now. His job is actually going to go under in February anyways. If he goes back to school, he will eventually make enough money to support his family (he would graduate in 9 months). $311 taken out of a $1400 paycheck might not seem like alot, but he is paying 400 in childcare, 200 at least in formula and diapers, 200 in gasoline to get to work, and 300+/- is suppost to cover rent, utilities, food, exc. How is he suppose to live? I do not think he is being selfish at all. He takes good care of his kids.

He does not pay her directly, he pays California (I forget the name of the place that he sends the checks too). That is why I am asking if his wages need to be garnished. He is making his payments on time. So why garnish them? I am asking if it is standard for the state to garnish all wages of fathers with ex's on welfare.

[gigirle]

Yes it is. (see courtclerks answer above)