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  #1  
Old 10-18-2000, 01:06 AM
need advice in CA
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My children's father switched jobs a couple of months ago, since then he hasn't paid child support. There is an order for the support and up until he switched jobs it was being taken out of his checks weekly. When he switched jobs he failed to inform me or the DA's office. It is stated in the court order that he is to inform the DA's office if he changes jobs. I have informed the DA's office of his job change but they now have to make out a new court order naming his new employer - is there anything I can do to speed things up? In CA
  #2  
Old 10-18-2000, 01:10 AM
LadyBlu
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by need advice in CA:
[b]My children's father switched jobs a couple of months ago, since then he hasn't paid child support. There is an order for the support and up until he switched jobs it was being taken out of his checks weekly. When he switched jobs he failed to inform me or the DA's office. It is stated in the court order that he is to inform the DA's office if he changes jobs. I have informed the DA's office of his job change but they now have to make out a new court order naming his new employer - is there anything I can do to speed things up? In CA[/b]<HR></BLOCKQUOTE>

IAAL would know the procedure for CA courts but I would think that you would be able to have the District Clerk send the new employer the wage withholding order. Here in TX that is how it is handled, of course you have to pay a small fee. But is money well spent.

  #3  
Old 10-18-2000, 01:43 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b] IAAL would know the procedure for CA courts but I would think that you would be able to have the District Clerk send the new employer the wage withholding order. Here in TX that is how it is handled, of course you have to pay a small fee. But is money well spent.

[/b]<HR></BLOCKQUOTE>

My response:

LadyBlu is correct, with one tiny correction. At least, here in California, you wouldn't have to "pay a small fee", or any fee, to the D.A.'s office for them to do their job. Yours is a common call I get into my office on a daily basis. The D.A. Enforcement Division, in every County (it seems) in California, is overworked, overloaded, and understaffed to carry out the mandates and orders of the courts. It's a taxpayer issue. Suffice it to say, the situation is one of "hurry up and wait", and there's really not much, if anything, that can be done about the problem. It's the D.A.'s office that must prepare the paperwork and serve the same on the payor's employer.

Perhaps, your attorney's phone call to the D.A.'s office "might" help; but, don't count on it.

IAAL

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  #4  
Old 10-18-2000, 11:28 AM
Ukiah
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Go to the Family Support Division of the DA where you have filed for their help in collections. Talk to your Case Worker. Let them know what is happening and they will be able to take NCP to court. If NCP doesn't show, they'll hit him with a contempt charge and warrant if he doesn't show up on numerous occassions.

You will have to keep on the DA to do their Job, which means paying weekly visits, as well as putting requests in writing.

Don't be fooled by "We're too busy to do this Now" They have more time than you think (I know, My X's wife works in the FSD office and I have made my self known to the Case Worker that I will get what I need when I need it. I am NCP and Pay what is due plus extra. But I have also been persistent, and have threatened to take them to court if they don't do their job-which seems to work the best and only used in extreme instantces).

Good luck,

Ukiah


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  #5  
Old 10-18-2000, 12:21 PM
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What we always have to do with our bio mom and child support is this...(and this was a suggestion from our attorney, that has worked every time) Bio mom in our case NEVER informs her employers of child support garnishment (she has 2) So every time she changes jobs, we send her employer a copy of the court orders that orders her child support to be garnished...After they receive it they have X amount of days to get it all together with the child support recovery untit and have to start garnishing her wages...If not it states right in the papers that the employter will and can be held in contempt and have to PAY THEMSELVES what she was behind on if they don't start garnishing. It has worked EVERY time. Good luck!

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