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Q: Employer Refuses to Comply with Wage Garnishment (Child Support) ( No Answer,   0 Comments )
Question  
Subject: Employer Refuses to Comply with Wage Garnishment (Child Support)
Category: Miscellaneous
Asked by: agirl-ga
List Price: $20.00
Posted: 24 Jul 2005 16:48 PDT
Expires: 23 Aug 2005 16:48 PDT
Question ID: 547368
Finally I thought we were nearing the end.  We got the order for child
support at my last court hearing and the court issued a wage
garnishment.  My lawyer faxed over the wage garnishment to the
non-custodial parents employer.  (I  should metion that we are in CA
and the non-custodial parent is in Texas - but has submitted to CA
jursidiction).  The company now refuses to honor the wage garnishment.
 The laywer for the company states that it must come from the Dept of
Child Support Services (which is not true, since I don't have a case
with them).  I have read everything I can find and understand that
they have 10 days to begin garnishing his wages.  If they question the
validity of it, then they can request a court hearing but they must do
so in 20 days and even if they do they must still begin garnishing his
wages until given further notice.  The lawyer of the Company has
refused to honor it and has stated that he will send my lawyer a
letter explaining his decision.  We have now missed 3 pay periods. 
You would think that my lawyer would have called him, but he is a
horrible lawyer who is simply taking me for any money he can get.  He
told his paralegal to tell me that they will file a "failure to
comply" on my behalf.  What does this mean?  Shouldn't my lawyer frist
try talking to the company's lawyer?  How long will a "failure to
comply take to process?  What will the court do to make the company
pay?  Am I just out of luck now?
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