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Getting Hosed

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mcclellan

Junior Member
Hello,
Going through the divorce process in California.
4 years ago, I walked in my house & found wife with another guy in our bed. Went to counseling and tried to move on with our marriage. I couldnt deal with it and the stress and memories cause me health problems and I layed in bed a lot due to back spasms. March 2009, she asked for divorce. I suspected she was screwing around again and. She moved to the spare bedroom and a few nights later, found her having phone sex with this guy she knows she went to school with and lives by her parents. After arguing, she decided to take her kids (my stepkids) and move to her dads. I work FT in a good job and she works PT by choice. First court hearing in July 2009, judge gave her support of $1500 / month. I paid her as much as I could. Never less than half. Wage Garnishment started mid last month. Got my overtime check, and after taxes they took the rest. I got $0.00 for my overtime. And then openened my regular monthly paycheck the other day and they took $1460. After my mortgage, this will give me about $500 / mo for all my other bills and personal money. There is now way this will work. I will lose my home pretty soon. I dont really care cause it is upside down and I want to get out of California for good and go live near my family in another state. Honestly, I feel there is no point in me even working just to pay her & my mortgage. My credit already sucks, so I am not too worried about foreclosure & bankruptcy.
Kids are in middle school, her dads house is paid off (I doubt she is paying rent). She is perfectly capable of working FT. Next court date is Jan 28. Any advice on what to say to my lawyer and to the judge? I cant stand this no-fault divorce crap. She doesnt deserve a dime after what she put me through. January 1st was the 6th year of marriage.
I am just out of hope or options. I hope someone has some good advice. Thank You!!
 


mistoffolees

Senior Member
1. What are your gross monthly earnings?

2. I assume that the $1,500 per month is temporary support which will end when the divorce is final, correct?
 

mcclellan

Junior Member
Thanks for the quick rerplys

I gross $4797 / mo, but have a lot of deductions

I have no idea how long the garnishments will last

Their father would not let me adopt them
 

Ohiogal

Queen Bee
I gross $4797 / mo, but have a lot of deductions

I have no idea how long the garnishments will last

Their father would not let me adopt them
What deductions do you have? You may have to quit contributing to your 401k completely. And your employer screwed up by garnishing 100% of your check.
 

mistoffolees

Senior Member
I gross $4797 / mo, but have a lot of deductions

I have no idea how long the garnishments will last

Their father would not let me adopt them
The garnishments will undoubtedly last until you pay off what you owe. Presumably, this is temporary support that ends when the divorce is final.

1/3 of your gross is a little high, but it's nothing unusual. The deductions may or may not matter - as Ohiogal suggested, you may have to stop contributing to your 401K or some of the other items for a while. Your stbx needs to live until the divorce is over. Yes, she should be looking for a job now, but that's not easy in today's world.

Bottom line is that you were ordered by the court to provide temporary support and you failed to do so - so the court ordered your employer to garnish your check. The employer may have made a mistake in how they did it, but take it up with them.
 

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