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Question: Business - California

Asked on 11/4/2009
Following up on Is this legal?
The judge is not real pleased with my ex which is quite obvious. The back support was ordered in Oct 2008 with arrearages dating back to 2002. He has taken it back to get it reduced multiple times in the last year with the most recent result okaying me to garnish his wages which somehow never made it to the payroll dept after leaving his employer's desk and now this offer is presented. The judge has caught him in multiple untruths and attempts to manipulate so I think the judge would like to know about this. So do I just submit it and hope for the best?

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


That's certainly one approach.  However, this follow-up adds something very significant to the case, which is his employer's failure to put on the garnishment.  If that was a proper garnishment order, your ex's employer broke the law.

And I would get a lawyer, this time, and go after both of them, if that's the case.  As your in-court experience has probably already suggested, judges don't like people who disobey court orders.  With people involved in divorce or post-divorce cases, it's almost expected to happen at times, but for a company not directly involved to disobey is far worse.



  • Answered on 11/4/2009
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AttorneyPages has verified that this person is an attorney.

You should repost this question in the divorce area to get some competent advice and get it from a lawyer actually licensed in California as the laws are different from state to state.

If it’s a significant sum of money then you should consider hiring a lawyer to get it straightened out. The court can award you your attorneys fees if the circumstances warrant which may be the case here.

Hope this helps and best of luck to you.



  • Answered on 11/5/2009
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