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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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My wife has my garnishes waged and they are off by $25 a month

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My wife has my garnishes waged and they are off by $25 a month can I fix this and how?
Submitted: 3 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 3 years ago.
I am assuming the state child support enforcement agency is having your wages garnished? If so you need to contact them to let them know your responsibility has increased to $25.00. If the state is not involved, you need to get a copy of the new judgment and have the employer garnish based on that. However , the employer can only garnish if she has a new request to withhold wages reflecting the increase, therefore speaking with her or her lawyer is needed to make sure the wage withholding order is updated.




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My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
her attorney filed the wage garnishment with the court but the amount she filed is $25 higher than it should be. So I am in need of it to be lowered. That is $300 more a year.
Expert:  Attorney & Mediator replied 3 years ago.
Oh I see, then her attorney needs to redo the wage garnishment because she is only entitled to the correct amount per the judgment. Otherwise you may have to return to court on an Order to Show Cause requesting modification of the wage garnishment order. The attorney should be able to do this if you ask them otherwise it would not look good on them if you have to return to court to get this fixed. If you have to file in court ask for your costs to be reimbursed as it should not be going to court.





_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
do you know what the cost is to file the adjusted garnishment in the Indio, Riverside CA court?
Expert:  Attorney & Mediator replied 3 years ago.
You mean the OSC to get this heard in court.

According to the November 2010 link (see here).

If the court considers your OSC an initial filing (meaning first time filing as to this issue) it is $410.00 any subsequent filing is $40.00. I don't see why it would be considered an initial filing since it is all related to the first papers of your divorce, but I don't know what the clerk will tell you.




_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
she filed this time and did not have me personally served but rather sent it to an old address. When I file my OSC for the changes that I would like to have do I need to have her personally served or is by mail ok?
Expert:  Attorney & Mediator replied 3 years ago.
You have to do personal service for an OSC or to their attorney.




Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “AttentionCustomerrdquo; Thank you.

Customer: replied 3 years ago.
Ok we are going back to court to get a reduction in child support payments as a few things have recently changed on my end. If/when the judge orders a new amount, who is responsible for filing the paperwork to change/lower the existing garnishment, and how quickly can that happen?
Customer: replied 3 years ago.
I never received a reply from the recent above
Expert:  Attorney & Mediator replied 3 years ago.
Sorry I just got your notification. Unfortunately I am not online all the time and right now I am handling a court matter. To answer your question, the recipient of the support is to make the requested changes, but the law does not preclude you from doing it as well. There is no timeline specified other than it be done within the reasonable period of time.

I won't be online for the balance of the week. I suggest you do a new post for further questions to insure you get an immediate response. All the best.







Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “AttentionCustomerrdquo; Thank you.

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