My ex was ordered to pay alimony and to have his wages garnished, if he goes on temporary disability does he still have to pay?

I was wondering if he can’t work because he hurt his back. He has made 1 payment since he was ordered to pay, 3 months ago. What are my options.

Asked on July 23, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your ex is obligated to pay unless and until the court suspends that obligation.  In other words, he would have to go back to court to ask for a temporary modification of the support order given his circumstances.  The court will decide if he is permitted to stop paying or pay a smaller amount for the time being.  He can not make that decision.  If he is not paying then he is in default and contempt of a court order.  Here, though, garnishment was ordered.  You can not garnish an employer that is not paying out any wages.  Contact the unit that is helping you with this and see what our options are as to disability payments in your state.  You are also entitled to go back to court to get a judgement for the back money owned.  Speak with an attorney.  Good luck.


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