To Garnish or Not to Garnish!

[StampGirl]

What is the name of your state? California

In process of filling out paperwork for modification of child support and to also modify that we swap claiming our children every other year. Right now NCP (my Ex) has court order that he gets to claim them every year. Modification of support is needed as the current order is 6yrs old and based on me not working nor having an imputed income and also our parenting percentage is WAY off as original order says 60/40 when reality (according to court ordered visitation) is acutally 80/20.

Currently, I am paid child support as a direct deposit directly from his bank account to mine. No garnishment, no CSEA involved. At the time of our divorce in 2002, garnishment was not required. Apparently it is now.

Do I have the choice to continue the dispersement of child support as it is now (directly between my Ex and myself) or do I have to file for CSEA to be involved and have it garnished?

If I do have to go through CSEA, is there a delay in me getting the funds (currently I get paid on 1st and 15th)?

I should add that the Ex has been extremely current every single payment for last 6yrs. He pays like clockwork. For that I am grateful and very lucky.What is the name of your state?

 

[NotSoNew]

i can't speak for CA, so i know this may be of NO help, but in NJ you cannot have a court order for CS payable through probation and not have a garnishment (unless of course the paying party is unemployed or employed off the books!)

my hubby tried to do this with his ex because they BOTH wanted it that way, CS took double out of his account, and was VERY late in paying her, but they won't let them do it.

when their is a garnishment, his employer MAILS a check to CS, which they then deposit, and then issue a new check to you. that can take a week or so, as you can imagine.

 

[CourtClerk]

Are you filing your modification through CSSD or in the Family Court that gave you the divorce? If through CSSD, a wage assignment is automatic, if in family court, you can ask the judge to let the arrangment stand, so long as he's cooperative in payment (as he apparently has been). Although payments through the SDU (state disbursement unit) can also be direct deposited into your account.

 

[StampGirl]

Its being filed through the Family Court who granted our divorce.

I just wanted to stay away from garnishment as I believe there are ramifications for him at work if one is issued. There is no need for it as he always pays without issue.

Thanks

 

[StampGirl]

Since your ex has been paying faithfully AND you seem to be willing to go to bat for him, the Judge very well may continue the way he's currently paying. Now, as far as ramifications for him at work, that is illegal. There are probably plenty of people where he works with a garnishment (although there is no law protecting those with numerous garnishments, that I am aware of).

Well my Ex is a policeman. They pretty much operate under their "own" rules. True there may not be any "legal ramifications" but he wouldn't get as much overtime etc. He is already dealing with issues like that.

Not sure if I am willing to "go to bat for him" . Just know he has always paid his support. He chooses to harass me in other ways!!

 

[wileybunch]

Since your ex has been paying faithfully AND you seem to be willing to go to bat for him, the Judge very well may continue the way he's currently paying. Now, as far as ramifications for him at work, that is illegal. There are probably plenty of people where he works with a garnishment (although there is no law protecting those with numerous garnishments, that I am aware of).

You know what, though? It happens. I have a friend whose dad owns a successful business in town that will find a way to let someone go if their wages get garnished b/c he doesn't want to deal with the regulations HE is under once he has to deal w/garnishment. That's clearly not legal, but I also doubt that he's the only one that finds a way to not having employees w/garnishments.