Garnishing wages & Reduction in CS - CA

[forthekids24]

Santa Clara, CA

In May 2004 DH and BM stipulated to a CS amount effective Jan 2004.  This document has been notarized and filed.

BM has not been working since Dec. 2003, but will be employed again shortly.

DH would like to have BM's wages garnished for CS when she is employed.  (She is consistently 1 month in arrears)

1) Is there a form that needs to be filled out and signed by the court for garnishment?

2) Will a copy of the order be sufficient for the employer?

3) Would BM be able to file to have the CS amount reduced?


Thanks!!

[socrateaser]

>1) Is there a form that needs to be filled out and signed by
>the court for garnishment?

Go to the courthouse where the order was made and find the family law facillatator's office. They will help you get a wage assignment/garnishment order filed.
>
>2) Will a copy of the order be sufficient for the employer?

No, but it's sufficient for the court clerk to issue the wage assignment (see above).

>
>3) Would BM be able to file to have the CS amount reduced?

If she's involuntarily unemployed, yes, but most courts presume that everyone, not ill or disabled, is able to find and work a minimum wage job, so support will almost always be based on, at least minimum wage income.