Help! My wages are being garnished!

[Pony1]

Hi, I live in CA.

We just got visitation and custody established for our daughter. The ex said that she would go to the DA to resolve child support. Fine. My attorney attempts to communicate with the DA to no avail. All this time, and ever since the baby was born, I have paid, and continue to pay more than my fair share, even though there was no court order for support. (Nonetheless, I wrote child support on all the checks.) My attorney sent my completed income and expense declaration to the DA and we were awaiting response. I receive a letter shortly thereafter saying that my wages were being garnished for current support and for past due support as well! They sent the garnishment out before they even received my expense declaration from my attorney! And he's been trying to contact them and they haven't responded! They didn't even send him a copy of the garnishment. It seemed like a pretty standard form. Anyway, I don't feel I should have to pay back child support, since I have been paying and writing "child support" on the checks all along. I also feel that I shouldn't have to have a garnishment. I'd rather just write checks. Any advice or wise words would be greatly appreciated.

Thanks,

Pony 1

 

[LegalBeagle]

Hi, I live in CA.

We just got visitation and custody established for our daughter. The ex said that she would go to the DA to resolve child support. Fine. My attorney attempts to communicate with the DA to no avail. All this time, and ever since the baby was born, I have paid, and continue to pay more than my fair share, even though there was no court order for support. (Nonetheless, I wrote child support on all the checks.) My attorney sent my completed income and expense declaration to the DA and we were awaiting response. I receive a letter shortly thereafter saying that my wages were being garnished for current support and for past due support as well! They sent the garnishment out before they even received my expense declaration from my attorney! And he's been trying to contact them and they haven't responded! They didn't even send him a copy of the garnishment. It seemed like a pretty standard form. Anyway, I don't feel I should have to pay back child support, since I have been paying and writing "child support" on the checks all along. I also feel that I shouldn't have to have a garnishment. I'd rather just write checks. Any advice or wise words would be greatly appreciated.

Thanks,

Pony 1

If the DA is refusing to deal with your attorney then he needs to file a complaint and also file a petition into court so a judge can decide the issue. If you attorney is not doing anything other than trying to call the DA then you need to think about another attorney.