M
marisunshine21
Guest
What is the name of your state? CA
My ex was behind some 10k in child support for several years and in 2002 after waiting and being strung along, my atty filed a wage garnishment(levy) through the courts. I was notified that the courts served his company papers for wage garnishment and were taking care of it starting Dec of 2002. i was informed they would charge him 25% of his wages twice a month plus interest. It was my understanding that he was credited for everthing he should have been at the time the order for arrears was made. His company sent me three checks one in dec 02 and two in jan 02 to pay this arrearage. Three days after the third check was sent to me and deposited, my ex called me(he works as the controller at his company) and tells me they have not been following the instructions to pay it off correctly and they are stopping payment on the last check. I received a $15 stop payment fee and the deposit reversed in my checkbook. This screwed up my finances and i didn't hear anymore about this. The courts sent checks directly to me, regularly after this.
Now, as of june 15 he will have paid the 10k off plus interest. The problem is he wants me to go down to the courts and have the garnishment stopped early so he wont be overpaying (because they are not counting the checks they did not receive, the two that were sent directly to me). I dont feel like i should do anything until the garnishment is paid in full and then we will look at what was overpaid. To make things even more messy is that he moved jobs in 9/02. In the previous job, he had a wage assignment that was paid by the head of human resources, since he worked in the finance dept and because he typically would not pay his support or hold checks for a week and so on. However, I didnt seek another wage assignment at his new work because he is the financial controller and it was a very small company. So starting in 9/02 he was once again lowering amounts he paid on his child support and stopping payment and playing games. His child support obligation amount changed in 9/02 also.
My question is should i stop the garnishment (levy) because he is threatening to having my wages garnished for the $900 he says he has overpaid, if i dont stop the garnishment now? He is also threatening that his company will take me to small claims court. I just want some time to shuffle through all my bank statements and court documents stating what child support levels were back then, and to research and see who owes what. One other question, who would have to seek repayment if he has indeed overpaid, the company who sent me the checks, or him?
thanks for any insight on this.
My ex was behind some 10k in child support for several years and in 2002 after waiting and being strung along, my atty filed a wage garnishment(levy) through the courts. I was notified that the courts served his company papers for wage garnishment and were taking care of it starting Dec of 2002. i was informed they would charge him 25% of his wages twice a month plus interest. It was my understanding that he was credited for everthing he should have been at the time the order for arrears was made. His company sent me three checks one in dec 02 and two in jan 02 to pay this arrearage. Three days after the third check was sent to me and deposited, my ex called me(he works as the controller at his company) and tells me they have not been following the instructions to pay it off correctly and they are stopping payment on the last check. I received a $15 stop payment fee and the deposit reversed in my checkbook. This screwed up my finances and i didn't hear anymore about this. The courts sent checks directly to me, regularly after this.
Now, as of june 15 he will have paid the 10k off plus interest. The problem is he wants me to go down to the courts and have the garnishment stopped early so he wont be overpaying (because they are not counting the checks they did not receive, the two that were sent directly to me). I dont feel like i should do anything until the garnishment is paid in full and then we will look at what was overpaid. To make things even more messy is that he moved jobs in 9/02. In the previous job, he had a wage assignment that was paid by the head of human resources, since he worked in the finance dept and because he typically would not pay his support or hold checks for a week and so on. However, I didnt seek another wage assignment at his new work because he is the financial controller and it was a very small company. So starting in 9/02 he was once again lowering amounts he paid on his child support and stopping payment and playing games. His child support obligation amount changed in 9/02 also.
My question is should i stop the garnishment (levy) because he is threatening to having my wages garnished for the $900 he says he has overpaid, if i dont stop the garnishment now? He is also threatening that his company will take me to small claims court. I just want some time to shuffle through all my bank statements and court documents stating what child support levels were back then, and to research and see who owes what. One other question, who would have to seek repayment if he has indeed overpaid, the company who sent me the checks, or him?
thanks for any insight on this.