garnishment

[bsak]

California. Both alimony and child support have been garnished from my pay since my divorce finalized just over 3 years ago. The Stipulated Judgement is very clear as to when each ends. My ex re-married back in Feb. (alimony should have ended) and our daughter graduated (18 years old) high school in June (child support should have ended). My ex promised to file the papers to end the garnishment several times, but hte money continues to be taken out. I'm goin to the Family Law Facilitators office tomorrow to try and take care of this myself. I have two questions. 1) Can I take care of this myself in this way? and 2) Is there any way to get the excess paid to my ex back?

[LdiJ]

Originally Posted by bsak

California. Both alimony and child support have been garnished from my pay since my divorce finalized just over 3 years ago. The Stipulated Judgement is very clear as to when each ends. My ex re-married back in Feb. (alimony should have ended) and our daughter graduated (18 years old) high school in June (child support should have ended). My ex promised to file the papers to end the garnishment several times, but hte money continues to be taken out. I'm goin to the Family Law Facilitators office tomorrow to try and take care of this myself. I have two questions. 1) Can I take care of this myself in this way? and 2) Is there any way to get the excess paid to my ex back?

Yes, you can take care of it yourself...Yes, you maybe can get it ordered that you have to be reimbursed for the excess you paid.

However, getting it ordered that you can be reimbursed does not guarantee that you can collect.

[Bali Hai]

Originally Posted by LdiJ

Yes, you can take care of it yourself...Yes, you maybe can get it ordered that you have to be reimbursed for the excess you paid.

However, getting it ordered that you can be reimbursed does not guarantee that you can collect.

As is the case with any money judgement. Jail could be a possibility for the person ordered to repay.

[Hisbabygirl77]

Originally Posted by LdiJ

Yes, you can take care of it yourself...Yes, you maybe can get it ordered that you have to be reimbursed for the excess you paid.

However, getting it ordered that you can be reimbursed does not guarantee that you can collect.

Ok I have a question about this. Alimony doesnt automatically end because someone gets remarried does it? Alimony ends when someone gets remarried and the one paying alimony goes to court and files to have Alimony end correct? What I mean is on my order it says that alimony was due for 3 years or if I got remarried he could petition to have alimony stop. But me being married didnt automatically make it stop. So if this OP didnt file to have alimony stopped then legally he could still owe the alimony even after she was married up and until he petitions for it to be stopped? Its a question I am not stating its a fact Im curious if I am correct.

[Bali Hai]

Originally Posted by Hisbabygirl77

Ok I have a question about this. Alimony doesnt automatically end because someone gets remarried does it? Alimony ends when someone gets remarried and the one paying alimony goes to court and files to have Alimony end correct? What I mean is on my order it says that alimony was due for 3 years or if I got remarried he could petition to have alimony stop. But me being married didnt automatically make it stop. So if this OP didnt file to have alimony stopped then legally he could still owe the alimony even after she was married up and until he petitions for it to be stopped? Its a question I am not stating its a fact Im curious if I am correct.

You are correct. The responsibility is put on the payor to have the alimony stopped upon remarriage. I guess they think that the payor has a remarriage detector and always knows when this happens.

What the law SHOULD be; is that when the recipient remarries, it is up to THAT person to report the remarriage to the court and the payor within 5 days or face penalties.

[Hisbabygirl77]

Originally Posted by Bali Hai

You are correct. The responsibility is put on the payor to have the alimony stopped upon remarriage. I guess they think that the payor has a remarriage detector and always knows when this happens.

What the law SHOULD be; is that when the recipient remarries, it is up to THAT person to report the remarriage to the court and the payor within 5 days or face penalties.

So OP you need to make sure you get yourself down to the court house ASAP because even if she is married you still owe until you petition to have Alimony terminated. Dont wait for her to do it. Granted when I got married I went right down and terminated it myself but since your ex isnt doing that and it is your money you are losing you need to go take care of this.

[Bali Hai]

Originally Posted by Hisbabygirl77

So OP you need to make sure you get yourself down to the court house ASAP because even if she is married you still owe until you petition to have Alimony terminated. Dont wait for her to do it. Granted when I got married I went right down and terminated it myself but since your ex isnt doing that and it is your money you are losing you need to go take care of this.

Well aren't you still his baby girl!!