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WAGE GARNISHMENT for Child Support and Arrears - Arrears is now paid in full

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csaSOCAL

Junior Member
What is the name of your state (only U.S. law)? California
I've been paying the arrears back for 13 months, now I'm paid in full. There's no more arrears due, but my company will not stop taking the money from my pay and send it to X. I'm not contesting the Child Support I have no problem paying that with a garnishment. But I want the overpayments to stop.

How do I file to get the clerks to send a new wage assignment to my company? My lawyer tells me I have to file a motion and spend a day in court = $1000 or more. Please help. Thanks
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California
I've been paying the arrears back for 13 months, now I'm paid in full. There's no more arrears due, but my company will not stop taking the money from my pay and send it to X. I'm not contesting the Child Support I have no problem paying that with a garnishment. But I want the overpayments to stop.

How do I file to get the clerks to send a new wage assignment to my company? My lawyer tells me I have to file a motion and spend a day in court = $1000 or more. Please help. Thanks

Listen to your lawyer.

Your employer cannot change anything without a new court order, which will require a motion.
 

homebuyer1983

Junior Member
If your company is taking money out of your check then you must have a court order for wage garnishment or at least a judgement of some kind. If it's a court order and a CSE is handling it, all it takes is a phone call to the customer service number and they should look into it and see that you are paid up and immediately send out a new letter to your employer telling them to stop with the extra payments. It's illegal for them to garnish more than allowed.

If it's not handled by a CSE then yeah, listen to your lawyer.
 

Proserpina

Senior Member
If your company is taking money out of your check then you must have a court order for wage garnishment or at least a judgement of some kind. If it's a court order and a CSE is handling it, all it takes is a phone call to the customer service number and they should look into it and see that you are paid up and immediately send out a new letter to your employer telling them to stop with the extra payments. It's illegal for them to garnish more than allowed.

If it's not handled by a CSE then yeah, listen to your lawyer.

Please do NOT post to old threads.

Thanks.
 

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