CS Arrears in CA

[custodialstepmom]

Hi -

I saw in a recent post that you answered, that in CA wages can be garnished up to 65% if CS is more than 12 weeks in arrears.

1.How does one go about having this done?
  DCSS says only 50% can be garnished.

2. Is there a legal code stating this that we can reference in speaking with DCSS?


Thanks for your help!

[socrateaser]

>1.How does one go about having this done?
>  DCSS says only 50% can be garnished.

Typically, a judge must make a finding that the facts meet the provisions of federal law necessary to increase the garnishment amount. There are other restrictions, such as, if the obligor has more than one wage assignment against him/her. Also, if the obligor's net disposable income is less than $1,000 he/she may be entitled to a hardship deduction, which means that the support order will be decreased. Or, if the obligor is supporting a new family, the law changes, once again. See the statute link below, and you will discover why DCSS is reluctant to try to collect more than 50%. It's very convoluted and very prone to error.

If DCSS were to blow the garnishment order, then the obligor could sue the agency for negligence.

>
>2. Is there a legal code stating this that we can reference in
>speaking with DCSS?

http://www4.law.cornell.edu/uscode/15/1673.html

[custodialstepmom]

:)