Employer not sending correct wage assignment amount

[Rufie]

What is the name of your state?CA
October 2004 my ex put in for a Modification through Child support services. I did not agree with the amount they came up with. This was due to me ex works under the table sometimes, as a consultant, has a company car and they pay for his 4 bedroom condo. So, I retained my old Attonrey for this court date and my ex never even showed up. So it was taken off the calendar.

After then he stopped paying. He said he has been working for free since October 2004 while the company he works for is in Chapter 11. He was just served with contempt papers one month ago and all of a sudden he is back on payroll. The first check is in the amount of what child support services came up with (the amount that I did not agree to so was never ordered) .

His employer was sent the correct wage assignement amount and they have it for the last 3 years anyhow. He is like family with the owner of this company.

My ex made $130,000 five years ago and now says he makes $50,000.Has not made that since he was in his early 20's and is now 37. Has anyone pursued a company on contempt? I would have to ask child support services to do it for me. Not sure if it will do any good?

 

[VeronicaGia]

Is it possible that after October 2004 CSE sent a new wage assignment order which would then overrule the old one from three years ago? If so, the employer is following the court order.

Is it possible that his income IS $50,000 a year and your support order would be more than the federal legal limit on garnishments? If so, the employer is not in contempt. They are bound by federal law.

 

[Rufie]

When I went to court in October and he did not show up the judge put an order in that the amount stays the same . Actually my case is really complicated due to all the STUFF this Company does under the table. They have been making payments to his live in girlfriend(stays home and babysits about 4-5 kids). Which myself and Attorneys found when we were going through Bankruptcy paperwork on the Company. Child support services attempted to warn this companys attorneys that they were goinging to charge criminal contempt . They responded that they are protected! As soon as this bankruptcy is over I may ask if they will go for it again.Arrears keep accumualting but they are almost $70,000.00 now. How will I ever collect this money??

 

[VeronicaGia]

Well, in some states there is a statute of limitations on child support. Also in some states if it is not reduced to a judgement prior to a certain time, it's over.

However, in CA, there is no statute of limitations, the debt is enforceable until paid in full, including interest.

You will very likely never see all this money, but you can continue to collect until it is paid in full. Even if he dies, if he has an estate, you can make a claim on it.