Ex quit job - what now? (CA)

[NITM]

What is the name of your state? Southern CA
I have a court order stating ex has to pay $200 per month on child support arrears of $20,000. He paid for a few months, but then stopped as usual. Then I received monthly amount for a couple of years via wage assignment, but ex was fired this past December. I became aware of his new job info and had another wage assignment ordered, and received payment for March of this year, however, ex quit that job this past friday and is starting a new job today, but will make sure I don't find out where he's working this time. What are my options here? I'm assuming I should file for contempt and that the court will order him to tell where he's working now, or is there something else I should do instead? Ex is so irresponsible and inconsistent that if I don't have a wage assignment, I don't get CS - plain and simple. I file the paperwork myself and can not go through the Dept. of CS Services, as it is a stipulation in the court order (their incompetence at that time led me to close the case and have a separate court order drawn up by an attorney).

Appreciate any advice - thanks.

 

[moburkes]

File for contempt.

 

[GrowUp!]

I'm assuming I should file for contempt and that the court will order him to tell where he's working now, or is there something else I should do instead?

Where he works is none of your business and irrelevant. That is NOT why you should be filing anything in court. Your issue is child support, not his place of employment.

 

[jbowman]

Where he works is none of your business and irrelevant. That is NOT why you should be filing anything in court. Your issue is child support, not his place of employment.

Actually this is not true. If she has an order for a wage assignment, it is exactly her business where he works so she or her attorney can serve the employer. If County Child Support services is not involved, it is purely HER responsibility to find out where he works and serve the employer.

I suggest going to the Family Law Facilitators office and get the forms for discovery. He will have to disclose his new employer information.

 

[NITM]

That was also my understanding. I could care less where ex works other than I need that info to reqest a wage assignment from the court without filing contempt against him, but of course, he doesn't see it that way. I'm sure it was a stupid move on my part to agree not to re-open the case with DCSS. That's what I get for being nice so his payments are only $200 instead of $600 if DCSS was handling it.

I'm glad you reminded me about the discovery forms . . . I'm assuming I'll be able to find those on the OC Superior Court website. I'll give him this month to see if he pays, and if not I'll start the contempt paperwork. I've been too nice over the years and am done playing games. Compared to what everyone else has to pay in CS nowadays, I find it hard to believe he's complaining about $200 per month!

Thanks,

 

[jbowman]

In CA, you are allowed to do the Discovery process whenever you feel there is a change of circumstances.

You may not need to file contempt if you find out where he now works. When you find out, just serve his employer and they have 10 days to comply with the wage assignment. The amount he has not paid, when you didnt know where he worked, will go towards arrears. Keep track.

 

[NITM]

Hopefully he'll understand that it is in his own best interests to cooperate in giving me his current employer info rather than stand in front of a judge for a contempt hearing. I found forms on the OC Superior Court website, but there are a few that could apply and I'm not sure which one I should use . . . the standard Income & Expense request, the Form Interrogatories or the Civil Subpoena for Production of Documents & Things for Hearing? Any opinions?

 

[jbowman]

Hopefully he'll understand that it is in his own best interests to cooperate in giving me his current employer info rather than stand in front of a judge for a contempt hearing. I found forms on the OC Superior Court website, but there are a few that could apply and I'm not sure which one I should use . . . the standard Income & Expense request, the Form Interrogatories or the Civil Subpoena for Production of Documents & Things for Hearing? Any opinions?

Someone here may be able to tell you, most probably Casa--wait for her, she has a wealth of info about CA. But you can also ask the FLF office. They are a huge help!

 

[NITM]

Thanks - hopefully CASA will see this post. Unfortunately, I can only get help from the FLF by taking off an entire day of work and going down there, and then I believe they will only help me "fill out" forms, but won't tell me which form I need to use since they consider that "legal advice". If all else fails, I can give it a try. I know how to fill them out, just don't know which form to use.

 

[kat1963]

All employers must report new hires to the Central Registry. Once his name pops up CSE will issue a new garnishment order for that employer. It does however take time. I start sending immediately for my new hirers because it usually takes 60 plus days to receive the garnishment from CSE. Perhaps his new employer will do the same? All he has to do is give it to them, failure to do so is just plain stupid. CSE doesn't give a hoot where the money comes from as long as it gets paid.

KAT

 

[jbowman]

All employers must report new hires to the Central Registry. Once his name pops up CSE will issue a new garnishment order for that employer. It does however take time. I start sending immediately for my new hirers because it usually takes 60 plus days to receive the garnishment from CSE. Perhaps his new employer will do the same? All he has to do is give it to them, failure to do so is just plain stupid. CSE doesn't give a hoot where the money comes from as long as it gets paid.

KAT

Im sorry but your info does not apply here. OP stated

I file the paperwork myself and can not go through the Dept. of CS Services, as it is a stipulation in the court order

She must serve the employer on her own. CSE wont order any garnishments on her behalf.