Wage Garnishment for Private School Tuition

[forthekids24]

Hi Soc,

Santa Clara County, CA

BM and DH stipulated (filed) agreement states that BM is responsible for 50% of the children's private school tuition.

Exact Text from Agreement:
**Effective November 2003 the Mother shall reimburse her share (50%) of the Private School Tuition directly to the Father.  The Father will provide a payment schedule for the current school year to the Mother within 1 week of the effective date of this agreement and at the beginning of every subsequent school year to the Mother.
**

Schedule for this School Year was provided via US Mail Delivery Confirmation on July 21, 2004.  It contains the due date and the monthly payment amount she is to make.  (We tried sending Certified, but she doesn't pick them up)

I noticed on the Garnishment form there is a space for "other".

1) Could we garnish BM's wages for the Tuition reimbursement also?

2) Would we need to have the agreement modified to include the amount she is responsible for?  (This amount changes from year to year)

3) If it is possible to garnish her wages for the Tuition reimbursement also, what documents would we need to provide to get the garnishment signed by the courts?

Thanks for all of your help!!!
FTK

[socrateaser]

>1) Could we garnish BM's wages for the Tuition reimbursement
>also?

Tuition is in the "nature of child support," therefore you should be able to use all of the legal mechanisms availble to obtain the money, just like any other support payment/arrears.

>
>2) Would we need to have the agreement modified to include the
>amount she is responsible for?  (This amount changes from year
>to year)

Yep, You need the amount to be made "certain" by the court, so that you can get it included in the wage assignment or garnishment.

>
>3) If it is possible to garnish her wages for the Tuition
>reimbursement also, what documents would we need to provide to
>get the garnishment signed by the courts?

If the amount was stipulated to, and not paid, then that's contempt, so call her up and say, "Pay or we will be forced to file for contempt."


>
>Thanks for all of your help!!!
>FTK

[forthekids24]

Thanks Soc!!

One more question

The amount of the tuition she is responsible for will change from year to year.  We send her a payment schedule with the amount at the beginning of each school year.  The schedule for this year was sent in July 2004.


1) What would be the best way to update the order that would not require another signed stipulation from BM?  (ie letters from the school, etc...)

Thanks
FTK

[socrateaser]

>>1) What would be the best way to update the order that would
>>not require another signed stipulation from BM?  (ie letters
>>from the school, etc...)

Regrettably, there is no good way other than a new signed stipulation, if you intend to garnish the money, because, a garnishment must be for an amount certain, i.e., fixed.

You could use language to pay the new amount when it is billed, whatever that amount may be (or within some range), but, in order to actually obtain that amount once fixed by the school, you need a new order stating the new amount.

So, you'll just have to continue dealing with it on an annual basis.

[forthekids24]

Thanks Soc,

One last question.

Could you suggest some language for the new stipulation that will enable the garnishment to continue at the current amount for all future years?

Our worry is that we might be able to get her to sign the stipulation for this school year, but as soon as she gets hit with the garnishment, she will refuse to sign the stipulation in furture years.


FTK

[socrateaser]

>Thanks Soc,
>
>One last question.
>
>Could you suggest some language for the new stipulation that
>will enable the garnishment to continue at the current amount
>for all future years?

The following assumes that mother is the Respondent. If not change to Petitioner as necessary:

The parents/parties agree that it is in the best interests of their minor child, CHILDSNAME, that Respondent be ordered to pay $X as additional child support in excess of the mandatory State guidelines,  for the purpose of maintaining the parties' minor child, CHILDSNAME, in a private educational institution, until the child attains the age of Y, or until the child no longer attends private school, whichever occurs first.