Child Support Court Order & Disability Garnishment

[Melbel]

What is the name of your state (only U.S. law)? CALIFORNIA

Original child support case was opened in 2008 through family law court. I had been sending payments on a regular basis. Custodial parent decided to open a case with the Department of Child Support Services so a wage garnishment began. I recently became disabled and am receiving Disability payments. The state is now garnishing 25% of my wages. Which I'm aware is the most they can garnish. My question is, if there is already a child support order through the family court stating the amount we agreed on every month, why are they garnishing 25% and not the amount agreed upon?

Thank you

 

[Zigner]

What is the name of your state (only U.S. law)? CALIFORNIA

Original child support case was opened in 2008 through family law court. I had been sending payments on a regular basis. Custodial parent decided to open a case with the Department of Child Support Services so a wage garnishment began. I recently became disabled and am receiving Disability payments. The state is now garnishing 25% of my wages. Which I'm aware is the most they can garnish. My question is, if there is already a child support order through the family court stating the amount we agreed on every month, why are they garnishing 25% and not the amount agreed upon?

Thank you

Is 25% more than or less than the agreed upon amount?

 

[Melbel]

Is 25% more than or less than the agreed upon amount?

It is more.. Approximately 50% more than the agreed upon court order. So I'm paying double.

 

[Zigner]

It is more.. Approximately 50% more than the agreed upon court order. So I'm paying double.

You need to contact the folks that initiated the garnishment and get them a copy of your current order so that they can adjust the withholding amount. This is really something you should have dealt with immediately upon receiving your copy of the paperwork from your employer. You may even have been able to correct it before the first withholding was made.

 

[Melbel]

You need to contact the folks that initiated the garnishment and get them a copy of your current order so that they can adjust the withholding amount. This is really something you should have dealt with immediately upon receiving your copy of the paperwork from your employer. You may even have been able to correct it before the first withholding was made.

When I was employed, the garnishment amount was correct. It is not until I began receiving SDI that the 25% garnishment began. So do I need to contact EDD or the DCSS?

 

[Zigner]

When I was employed, the garnishment amount was correct. It is not until I began receiving SDI that the 25% garnishment began. So do I need to contact EDD or the DCSS?

Your post doesn't make sense...

Are you still working?

 

[Melbel]

Your post doesn't make sense...

Are you still working?

No, I am not working. I'm receiving SDI due to an injury. since I began receiving SDI I'm being garnished 25% of my SDI benefits which total more of what the court order states.

Am I making sense now? Sorry...

 

[Zigner]

No, I am not working. I'm receiving SDI due to an injury. since I began receiving SDI I'm being garnished 25% of my SDI benefits which total more of what the court order states.

Am I making sense now? Sorry...

Yes - now you need to look at the paperwork that you received when the garnishment was set up with the disability folks. You may want to contact them. I think you're going to end up talking with both entities.


PS: The confusion arose because you said that the state was garnishing 25% of your wages when you meant they were garnishing 25% of your disability payments.

 

[Melbel]

Yes - now you need to look at the paperwork that you received when the garnishment was set up with the disability folks. You may want to contact them. I think you're going to end up talking with both entities.

Got it.


PS: The confusion arose because you said that the state was garnishing 25% of your wages when you meant they were garnishing 25% of your disability payments.

Oh ok, I see now. thank you very much for your help.