confused in CA

[frustratedmomma]

What is the name of your state? California
I have a court order in place for child support for $610/month. The bio dad is in the military and his wages are being garnished, but I am only receiving $468. The Child Support Services attorney did not know why I was receiving less than my ordered amount. He thought it may be due to changes in the Soldiers and Sailors Relief Act or him being deployed. I contacted DFAS and they only said that they can take a certain percentage of his "disposable pay." Does anyone know what the percentage is? How can I find out how much he is making? Why would the Child Support Services amount be different than what DFAS is saying the correct amount should be?
Also, he is in arrears for $14,000. How do I find out if he has any assests or bank accounts?
Thank you for any help you can offer.

 

[stepmom&mom]

Check your state guidelines. Usually, garnishment can only be up to a certain percentage of the total salary. It could be that he doesn't make enough money to have the total amount garnished from his paycheck.

 

[stepmom&mom]

Also, in California, if he makes less than $1000/mo, then he gets a low income adjustment.

http://www.west.net/~ivguy/instruct.htm

 

[cascole]

You can find out what he's making... here's a link to a calculator:

http://www.ngaaz.org/Input_Form_AD.aspx

or you can calculate it yourself from the DFAS charts available on the DFAS website.

 

[frustratedmomma]

Great! Those websites helped explain a couple of things I was wondering about. According to those calculations, he should be making more than enough to fulfill the court order.
He must have other garnishments. That's the only reason I can think of why I'm not getting the full order. Any other ideas???

 

[cascole]

Child support should come first. The only reason you may not be getting the full amount would be if he is also garnished for other children with orders on file first.

 

[king sol]

In CA, the cs garnishment can be no more that 50% of gross income, except in specific cases, in which, it is 55%.