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Texas Company Refuses to Honor Wage Garnishment (from California)

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debra2323

Junior Member
What is the name of your state? Californiaill

We did our entire case in California, where I reside with my daughter. He is from Texas but submitted to California jurisdiction. Although I have fought this for over a year, it was finally reaching an end. The court order child support and gave a wage garnishment. My lawyer sent it to the fathers employer. However, the HR department says they were advised by their lawyer not to honor the wage garnishment. Their lawyer says it MUST come from Dept of Child Support Services. This is not true. I do not have a case with them. I thought that the employer has 10 days to comply. And if they contest the validity they can request a court date within 20 days, but they still have to comply.

My lawyer is once again not working on it. He has been a complete nightmare. He told his paralegal that we will file a failure to comply. What does this mean? Couldn't this be resolved if my lawyer spoke to the company's lawyer and explained things or directed him to something that would legally show him he is wrong.

All of this work and one man now decides he is not going to send my daughter any support? Surely I can do something? How long will the court process be if we have to file a failure to comply? Will it be filed in Texas or California? Should I open a case with Dept of Child Support Services? Should I call the lawyer myself?
 


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legalcuriosity

Guest
debra2323 said:
What is the name of your state? Californiaill

We did our entire case in California, where I reside with my daughter. He is from Texas but submitted to California jurisdiction. Although I have fought this for over a year, it was finally reaching an end. The court order child support and gave a wage garnishment. My lawyer sent it to the fathers employer. However, the HR department says they were advised by their lawyer not to honor the wage garnishment. Their lawyer says it MUST come from Dept of Child Support Services. This is not true. I do not have a case with them. I thought that the employer has 10 days to comply. And if they contest the validity they can request a court date within 20 days, but they still have to comply.

My lawyer is once again not working on it. He has been a complete nightmare. He told his paralegal that we will file a failure to comply. What does this mean? Couldn't this be resolved if my lawyer spoke to the company's lawyer and explained things or directed him to something that would legally show him he is wrong.

All of this work and one man now decides he is not going to send my daughter any support? Surely I can do something? How long will the court process be if we have to file a failure to comply? Will it be filed in Texas or California? Should I open a case with Dept of Child Support Services? Should I call the lawyer myself?
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Actually, I believe the HR Department & their lawyers are right. Your lawyer lawyer has no legal authority to issue that. The courts do it. Since you're not going through DCSS, then the Court is the one who issues the wage withholding, NOT the lawyer. Depending on when this was settled, theres probably a time frame before it actually starts (the next paycheck 14-days after the employer recieves the garnishment, the first of a month, etc.). You should probably check CA's laws regarding this. It should be stated.

If the employer hasn't recieved this from the Court, then there is no failure to comply here.
 
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rmet4nzkx

Senior Member
Many companies are geared to pay support through state CSE's here is the link for http://www.childsup.cahwnet.gov/ hopefully they can open a case and get this resolved, it is not you ex that is not paying it, it is his company but he is still responsible for any arreages. GOod Luck.
 
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debra2323

Junior Member
The court did order it.

Not sure where you got that the court did not order it. The court did order the child support and issued the wage garnishment. It is now up to my lawyer to DELIVER it, which is the only thing that the Dept of Child Support Services would have done. If I open a case with them, it will take another 6 months before anything is done.
 
D

debra2323

Junior Member
legalcuriosity said:
Actually, I believe the HR Department & their lawyers are right. Your lawyer lawyer has no legal authority to issue that. The courts do it. Since you're not going through DCSS, then the Court is the one who issues the wage withholding, NOT the lawyer. Depending on when this was settled, theres probably a time frame before it actually starts (the next paycheck 14-days after the employer recieves the garnishment, the first of a month, etc.). You should probably check CA's laws regarding this. It should be stated.

If the employer hasn't recieved this from the Court, then there is no failure to comply here.
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The court did order it. I am not sure where you got that the court didn't order it. The court ordered the child support and issued the wage garnishment. They provided us with a certified copy (as the court keeps the original). It is now up to my lawyer to deliver it. I do not have to use Dept of Child Support Services, as they take a really long time and process those on public aid first.

Everything we did is by the book. The court ordered the child support and issued the wage garnishment. Now we deleivered it to the company. The company is refusing to honor it.

According to the law, they have 10 days to process it. If they question the validity of it (and for only THAT reason), they can request a court hearing, but they MUST still honor it in the mean while.
 
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bearflag70

Member
The problem may be that you are trying to enforce a California judgment outside of California's legal jurisdiction.

California judgments and court orders are not automatically binding in Texas.

You may need to convert your California judgment into a Texas "sister state judgment" before Texas courts will honor it.
 
B

bearflag70

Member
bearflag70 said:
The problem may be that you are trying to enforce a California judgment outside of California's legal jurisdiction.

California judgments and court orders are not automatically binding in Texas.

You may need to convert your California judgment into a Texas "sister state judgment" before Texas courts will honor it.
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Oh... and if you get a Texas sister state judgment, you will have to execute under Texas law, not Califonria law. A Texas court would have to order the wage garnishment order.
 
D

debra2323

Junior Member
bearflag70 said:
Oh... and if you get a Texas sister state judgment, you will have to execute under Texas law, not Califonria law. A Texas court would have to order the wage garnishment order.
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Not true. All states must honor other state child support orders. Period. The CA wage garnishment does not need to be converted to any other State. Every state must honor the wage garnishment. As long as he falls under CA jurisdiction then all of the court proceedings can take place in CA. And he does.
 
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bearflag70

Member
For some reason I was thinking of enforcement of civil judgments here. you case may be different and what i said may not apply. Carry on.
 
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