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Very confused

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Alexei

Junior Member
What is the name of your state? CA


Last year my ex was ordered to pay me a few thousand dollars within 30 days. He did not pay it, so my lawyer filed to have it garnished from his paycheck. A month or so went by and I called my lawyer to see what was going on with it, he said he hadn't heard anything about it at all, so he filed a conditional judgement against the garnishee which is where my ex works. We had a hearing after that in which my ex said that his work had taken it out of his paycheck and didn't know why it wasn't being sent to me. So the judge said his work had 30 days in which to reply or send money to me. It's been 31 days. My lawyer is out of town for 2 weeks, so I was hoping I could get an idea of whats going to happen now? I'm not sure my ex wasn't lying about them taking it out of his check. I was just wanting a little insight on to what could or will be happening now, and does my lawyer need to file anything else?




Thanks
 


LdiJ

Senior Member
Alexei said:
What is the name of your state? CA


Last year my ex was ordered to pay me a few thousand dollars within 30 days. He did not pay it, so my lawyer filed to have it garnished from his paycheck. A month or so went by and I called my lawyer to see what was going on with it, he said he hadn't heard anything about it at all, so he filed a conditional judgement against the garnishee which is where my ex works. We had a hearing after that in which my ex said that his work had taken it out of his paycheck and didn't know why it wasn't being sent to me. So the judge said his work had 30 days in which to reply or send money to me. It's been 31 days. My lawyer is out of town for 2 weeks, so I was hoping I could get an idea of whats going to happen now? I'm not sure my ex wasn't lying about them taking it out of his check. I was just wanting a little insight on to what could or will be happening now, and does my lawyer need to file anything else?Thanks

Ok....here is the "deal".

Its possible that your ex lied about the fact that it was taken out of his pay. However its not very likely because it can be easily verified one way or the other....(ie your ex's paystubs)....so it would be dumb for your ex to lie about that.

However...unfortunately...smaller employers are often VERY bad about sending in payments for not only withholding taxes, but for things like child support garnishments.....smaller employers tend to place those issues LAST on the priority list....so if cash is at all tight for them...they tend to not send those payments on time.


So...if you ex works for a larger employer you will start getting payments soon....if your ex doesn't then your attorney will have to get involved when he/she returns....but it won't necessarily be your ex's fault. Legally your ex will be responsible....but its honestly possible that his employer could be ripping him off too.
 

Alexei

Junior Member
LdiJ said:
Ok....here is the "deal".

Its possible that your ex lied about the fact that it was taken out of his pay. However its not very likely because it can be easily verified one way or the other....(ie your ex's paystubs)....so it would be dumb for your ex to lie about that.

However...unfortunately...smaller employers are often VERY bad about sending in payments for not only withholding taxes, but for things like child support garnishments.....smaller employers tend to place those issues LAST on the priority list....so if cash is at all tight for them...they tend to not send those payments on time.


So...if you ex works for a larger employer you will start getting payments soon....if your ex doesn't then your attorney will have to get involved when he/she returns....but it won't necessarily be your ex's fault. Legally your ex will be responsible....but its honestly possible that his employer could be ripping him off too.


my ex works for a huge corporation actually,

the reason why i'm not sure if he is telling the truth or not, is because he mentioned to the judge that it said CA withholding on it, and he thought that was his employer taking out the money for the garnishment...CA witholding is the state of CA taking out for taxes...and the judge told him this, and he said... I'm pretty sure they are taking it out of my check..

he isn't that bright, so he may have gotten confused...but his lawyer should of helped him out...


the money was for a surgerys our son had to have due to a serious condition, and I've already paid the bill but my son will probably need several more treatments and that money would really come in handy here soon..
 

fashionally

Junior Member
An acquaintance of mine had some issues with getting payments too- she later found out that there were checks her ex sent, but never knew about them because the state kept them/the money. They also took out money from the payments, so she never received the full amount her ex paid for their kids.
It might be something like that too, but I am just putting that experience as an example; stories like that are not talked about very often and maybe a lot of people do not realize or know about that too.
 

nextwife

Senior Member
WE had a poster here whose garnishments were being deducted - but CSE was senging them to HIS OTHER EX. And she was getting TWO payments and saying nothing about it.

There are also lots of stories of CSE sending checks to the families of other payors with similar names and SS#s.
 

NotSoNew

Senior Member
nextwife said:
WE had a poster here whose garnishments were being deducted - but CSE was senging them to HIS OTHER EX. And she was getting TWO payments and saying nothing about it.

There are also lots of stories of CSE sending checks to the families of other payors with similar names and SS#s.
hey that happened to me! were you talking about me? I AM FAMOUS! LOL

yes they sent my CS to his other ex and then when i called CSE just told me he must be a deadbeat! they did finally straighten it out only because i already KNEW what happened (dad checked his account with her online and could see she got extra money)
 

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