How to go about garnishing wages for CS? Anyone???

sizzle92
sizzle92 Posts: 1,015 Member
in Chit-Chat
Ok so 7 years ago we divorced and set up an MSA. We never stepped foot in a courtroom, ex and I wrote all of it. We agreed on a certain amount in CS to be paid every two weeks. I decided not to garnish so he would have some feelings of being in control ya know? In the beginning it was rcoky. He was angry and spiteful and would occasionally threaten to not pay or make me wait. There have been times I agree to a skipped payment. There have been many bounced checks, which he pays back, but I get charged for. So he has a new wife and things are getting very ugly. They have been going down hill ever since she came around. We recently had a huge blowout and she harrassed me with vicious emails, etc. So, now ex is due and I told him a week ago I am out of checks. He usually gives me a book of them and I deposit them every two weeks. He is holding the CS now telling me he will pay me when he wants to. So, to avoid all of this unnecessary BS I want to go down and try to get him garnished so I never have to ask for it again. Does anyone know the process? I am in Cali. TIA. :)

Replies

  • sizzle92
    sizzle92 Posts: 1,015 Member
    Oh and my plan is to go into family court next week, but I just didn't know if anyone had any experience with the process/laws.
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    Your county should have a child support office. Begin by calling them for procedures. You will likely be awarded child support in court since he has acknowledged that the child is his. Good luck!
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    Just keep in mind that involving the courts may also mean that he gets rights you may not be comfortable with. I don't know the details of your situation--can you afford to consult a lawyer? Many will do a free consultation to see if they meet your needs.
  • catshark209
    catshark209 Posts: 1,133 Member
    I went to the child support office and I had to fill out all sorts of paperwork..like how much I made, how much I thought he made, how often my son saw him, this and that and that...it was pretty intense.
    I didn't end up filing though. My ex and I get along very well and he pays me either in cash or does odd jobs for me. Fixes my car, helps me at my store etc. I know I have a very unique situation though.
  • sizzle92
    sizzle92 Posts: 1,015 Member
    Just keep in mind that involving the courts may also mean that he gets rights you may not be comfortable with. I don't know the details of your situation--can you afford to consult a lawyer? Many will do a free consultation to see if they meet your needs.

    Oh everything is in our MSA. We settled it all and have custody arrangements and CS all set up. I just agreed to him paying me personally. I want that to change.
  • sizzle92
    sizzle92 Posts: 1,015 Member
    See I think this is a bit different. The CS is a court order already but he can pay me personally. I just want to start garnishing it so I don't have to talk to him about it and he can't hold it over my head.
  • FlaxMilk
    FlaxMilk Posts: 3,452 Member
    Oh then just start by calling your county. They'll tell you how to proceed.
  • magj0y
    magj0y Posts: 1,911 Member
    Your county should have a child support office. Begin by calling them for procedures. You will likely be awarded child support in court since he has acknowledged that the child is his. Good luck!

    This
    They usually take a % of a check. So you may or may not the same amount.
    You can typically get it garnished. Future reference, cash his check at his bank and then deposit
    The cash into your account.
    Should also keep all contact to a minimum as much as possible.
  • sizzle92
    sizzle92 Posts: 1,015 Member
    Your county should have a child support office. Begin by calling them for procedures. You will likely be awarded child support in court since he has acknowledged that the child is his. Good luck!

    This
    They usually take a % of a check. So you may or may not the same amount.
    You can typically get it garnished. Future reference, cash his check at his bank and then deposit
    The cash into your account.
    Should also keep all contact to a minimum as much as possible.

    But for instance right now I have no check. lol That's why I want it taken out automatically. I don't mind losing a bit for the convenience. I wonder how much it will be?
  • RobynMWilson
    RobynMWilson Posts: 1,540 Member
    In NJ, Family Court makes the order to attach wages. Go to Family Court, explain the situation. If there is a support order in place it should be in your divorce decree. Let them know you need them to enforce it. Make up a spreadsheet of what he owes you, itemized with the weeks he paid and the weeks he missed. He can say he paid all he wants but he won't have a paper trail. And with money matters its ALWAYS important to have a paper trail!!

    Good luck!
  • RobynMWilson
    RobynMWilson Posts: 1,540 Member
    Ok I just re-read your post. So the child support to be paid was not outlined in the divorce decree? Do you have what you guys wrote out?

    Family court will prolly re-figure your child support amount. In NJ, it's a set formula that is not based on your incomes or expeditures, on either side (or so they say). Just make sure you're armed with as much info in writing as possible!
  • HMToomey
    HMToomey Posts: 276
    It might take some time. After the order to garnish it can take a month at least. If it is court ordered that he pay, just that you both said it was OK he pay you directly, and he is not doing so I would bring him up on contempt charges. Keep the emails, you might need then later. Do all corresponding through email or text you be super nice now, and save it all!
  • shezzamess
    shezzamess Posts: 26
    Contact the Clerk of the District Court in your area. Explain to them that you want to attatch a garnishment to his wages and they will provide you with the documents that you need to fill out. You will need to provide a copy of your CS order.

    I don't know what the fee is in CA, I live in KS I get $460 for 2 kids (I make 3 times he does so I don't get much). His CS is garnished, they keep $20. Totally worth it to not have to deal with him.

    When new wives/girlfriends get involved it does tend to get ugly. I try to never talk to my ex. When my childen were younger I would have to, but now that they are teenagers. I NEVER talk to him.

    Good Luck!
  • jesekelynne
    jesekelynne Posts: 42
    It sounds like it's time to get a lawyer. If the CS is court ordered and he isn't paying it, doesn't that make him in comptempt? In RI if you don't make your payments your license gets suspended, and if you continue after that you get arrested. You should deff get hooked up with the local child support enforcement office.
  • soulundefined
    soulundefined Posts: 25
    my ex's have the same agreement thru the courts where they both pay me directly.. i wouldn't be bothered getting more cheques. He can have the money direct deposited to your account directly from his account he just has to talk to his bank and sign an agreement with them. But as he is having his issues with paying you for the needs of your child you have every right to go back to the courts and have that arraingement altered... i don't know about the garnishing his wages but there is a backpayment of child support that you may be eligible for.
  • sizzle92
    sizzle92 Posts: 1,015 Member
    Ok I just re-read your post. So the child support to be paid was not outlined in the divorce decree? Do you have what you guys wrote out?

    Family court will prolly re-figure your child support amount. In NJ, it's a set formula that is not based on your incomes or expeditures, on either side (or so they say). Just make sure you're armed with as much info in writing as possible!

    Yes it is in the decree. He just thinks he has the power to pay if and when he wants depending on how mad he is at me. lol
  • sizzle92
    sizzle92 Posts: 1,015 Member
    I think I'll just call my laywer Monday and ask what he advises. But MFP is so much more fun!!!!!! LOL!

Categories