Login|Contact Us
Question and Answer

Family Law

Ask a Family Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

In August 2011 the (courts) for the child support agency in

 
LawTalk's Avatar
  • Answered by:LawTalk
  • Attorney and Counselor at Law
  • Positive Feedback: 98.3 %
  • Accepted Answers: 5571
Verified Expert
in Family Law

Recent Feedback

Positive
I want to thank LawTalk and Doug for there rapid response. I am completely...
Positive
excellent service
Positive
Very Helpful, clear and detailed answer.
Positive
Hello Doug you have been wonderful answering my questions. I have another. ...
Positive
Thank you, your advice was exactly what I needed to know and not only informed...
Positive
Very fast answers to my questions and very knowledgeable.
Positive
thank you
Positive
Fast response. Question answered.
Positive
Thank you for getting back to me so quickly. I believe what you are telling me,...
Positive
I am very impressed with the quick turnaround on the answer.

Customer Question

In August 2011 the (courts) for the child support agency in San Bernardino,CA made judgement order for a deduction or garnish of wages which was effective that month and $411 was taken out of my wages (per month). I was notified by IRS that there San Bernardino placed an order to ganish my tax return due to a calculating error in the San Bernardino Child Support Agency. I contacted the agency and was informed that they had indeed errored in the deductions in the amount of $447.00 (FYI: I reside in Cleveland, Ohio and has never been to CA) but basically there was nothing that I could do about it, no they won't allow a payment plan. I was not notified at all I have been through so much with these people it is harassment at this point long story... .. I am up to date with my child support and have been active in my childs life since birth. Sent a letter to the director of C.S. for assistance recvd a call from the so call case worker he told me that per his supv. she resinded the tax garnish & they are going to garnish my wages immediately and icant do anything to prevent it.. I believe that the change was a result of my lodging a complaint. Is there anything that I can do at this point I work for the government and don't want my job jeopordized. Please can u help or advise thank you for your assistance

Submitted: 478 days and 9 hours ago.
Category: Family Law
Value: $38
Status: CLOSED
Picture
Expert:  LawTalk replied 478 days and 9 hours ago.

Good morning,

Are you saying that the error made by the child support unit resulted in them not taking enough money each month?
I am unclear as to what this error was.

Doug

Customer replied 478 days and 9 hours ago.

Yes, that is exactly what I am saying thank you Doug

Accepted Answer

Picture
Expert:  LawTalk replied 478 days and 9 hours ago.

Good morning,

I'm sorry to hear of your dilemma.

If they made an error and didn't take enough out, then you have two choices. You can write a check for the amount that is owed, or they will have the legal right to garnish your tax refund.

I understand that their method of operation is harsh, and that they should cut you some slack because the error was theirs. However, the law allows them to demand the full amount immediately. They are not legally obligated to make payment arrangements, and federal law allows them to garnish your tax return to get payment----all of this regardless of the fact that you remain active in your child's life and that you have paid every dime that they have asked for before the error came to light.

If they are going to rescind the tax garnishment---that is great. And, you have a great explanation for the wage garnishment if you are asked by your employer. The error was hardly your fault.

Given the relatively small amount of error, you might consider borrowing the money from a friend or relative, or taking a cash advance on a credit card so that you can pay the support unit the $447.00, and avoid the necessity of having a garnishment order served on your employer for this error.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

Expert TypeAttorney and Counselor at Law
Category: Family Law
Pos. Feedback: 98.3 %
Accepts: 5571
Answered: 1/13/2012

Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.

Ask this Expert a Question >
Customer replied 478 days and 9 hours ago.

Thank you for your assistance

Picture
Expert:  LawTalk replied 478 days and 8 hours ago.

My pleasure. Have a great weekend ahead!

Doug

 
Tweet

12 Family Lawyers are Online Right Now

Ask Your Question Now
Family Law Questions Date Submitted
How long can a G.A.L. take to do their investigation? 5/2/2013
I am in the process of separating from my child's father. 5/2/2013
MN divorce & bankruptcy. my ex and I finalized the divorce 5/2/2013
Hi! A good friend of mine asked me to "Officiate"/Marry he 5/2/2013
I live in Kansas with my 15 year old daughter. Her mother 5/2/2013
My daughter and her fiance are purchasing a home. She is a 5/2/2013
I am the biological maternal grandmother and am active in my 5/2/2013
I am in the process of getting a separation from my husband. 5/2/2013
I have a son which I provide for I am the noncustodial parent 5/2/2013
Can my ex -wife move my kids out of the agreed upon area set 5/2/2013
RSS
Next 10 >
Ask A Family Lawyer
Type Your Family Law Question Here...
characters left:

Top Family Law Experts

See More Family Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Family Law

  • Domestic Violence Laws
  • Questions about Tenants in Common Law
  • Foster Adoption & Fost-Adopt Questions
  • Motion for Discovery Questions
  • Interrogatories and related Questions
  • Marital Status Questions
  • Marital Settlement Agreement
  • Custody Rights Questions
  • Order of Protection Questions
  • Plenary Guardianship Questions
All Family Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
189 Family Lawyers are Online Now
Type Your Family Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan