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Author Topic: Modification of order without court hearing  (Read 952 times)

VeronicaGia

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Modification of order without court hearing
« on: Feb 16, 2005, 05:57:11 PM »
Hi Soc!  Long time, no talk!

State is CA

My DH was paying support out of his pocket since he lost his job in Oct 2002.  CA employer enforcement called him (just got a new job) and wanted to start the garnishment again.  No problem.

We get the court order CSE sent to his employer that didn't include the monthly amount for arrears.  DH calls employer enforcement back (sorry now that he was honest), and employer gets new orders that doubles his arrears payment!  How can this be done without a court hearing?

1.  Can he file a motion to quash the order?

2.  Since a 3 year modification is coming up, can he state that support was just modified (even though it was just arrears)?

3.  Should he call them back and find out how/why they doubled his arrears payment?

Any other help would be appreciated, as always.  Thanks for being here for us!


socrateaser

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RE: Modification of order without court hearing
« Reply #1 on: Feb 18, 2005, 03:38:31 PM »
>Hi Soc!  Long time, no talk!
>
>State is CA
>
>My DH was paying support out of his pocket since he lost his
>job in Oct 2002.  CA employer enforcement called him (just got
>a new job) and wanted to start the garnishment again.  No
>problem.
>
>We get the court order CSE sent to his employer that didn't
>include the monthly amount for arrears.  DH calls employer
>enforcement back (sorry now that he was honest), and employer
>gets new orders that doubles his arrears payment!  How can
>this be done without a court hearing?

Scan the order and email it to me: socrateaser@yahoo.com

 

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