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Ex Parte to correct a wage assignment

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What is the name of your state? CA/Los Angeles County

At the last hearing to remove my stepson from child support, the Judge ordered that the Smith/Ostler method be used. My wife volunteered (as we've done them before with the correct verbage) and was so ordered to fill out the new wage assignment. It was signed by the judge and sent to her ex's employer. Approximately 25 days later her ex's attorney sent a wage assignment to the courts that did not have the Smith/Ostler verbage, which was signed and sent to her ex's employer. This came to her attention when she received her support check (which always contains a copy of his pay stub) and he earned overtime but no additional support was paid. The fact that a new wage assigment without the appropriate verbage was received by her ex's employer was verified be her ex's garnishment department.

She wants to "reinstate" the wage assignment she prepared which contains the Smith/Ostler verbage as orderd by the Court - can this be done Ex-Parte? And if so - is form FL-430 the correct document to file? Are there any additional forms required, other then the wage assignment itself?

Thank You
 



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