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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I was separated on January 2006. I file for Divorce in July

Customer Question

I was separated on January 2006. I file for Divorce in July 2008 but my ex filed child support papers in December of 2008. We are still going through a divorce right now pending. I want to know about arrears and child support dates. I have papers that stated (Arrears greater than 12 weeks?) and the answer was checked NO. The order was done on 12/12/08 and they are still taking arrears out. Is this legally? Why are they doing this? How can I stop it and where can I find out more information about this. Her layer was to continue this order of arrears. He calculated 7000 dollars more how can he get this number when it’s over 12 weeks long time ago. Can they just go back and recalculate arrears just to get more from me or something?
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.
Good morning,

Could you explain your situation more clearly for me please.

Is there a support order in effect?
When was it issued?
Have you paid all support payment in full based on the order?
What arrears are you referring to?
Who is taking out arrears, and from where?
Customer: replied 7 years ago.

 

I am currently paying child support now it was in effect as of 27 Jan 2009 it was endorsed and filed by San Mateo courts then

 

I guess the order was issued 12/12/2008.

 

I am still paying support until my kids are 18 years old, They are 14, and 16 now. My support is not paid in full yet?

 

In referring to the Arrears: since the court order for child support was issued I have been paying arrears since then.

 

The court in San Mateo issued the order so I am assuming they are taking out the arrears for back child support.

Expert:  LawTalk replied 7 years ago.
Did the court order retroactive support in January 2009, or have you simply not kept current over the past year?

Was there ever a child support order prior to January 2009?
Did your ex ever get state aid/welfare because she had the kids?
Customer: replied 7 years ago.

 

This is the first order. There is no retroactive order at all. I started paying on time. it was immediately taken out from my check upon issued of order. i started paying right when the I received the order and I ways been paying since then. I never missed any payments at all.

 

Never been an order issued prior until this date, my ex has never gotten any state aid/welfare at all. I think she makes too much money. She has always worked.

 

During 2006 until dec of 2008 I cannot show support but the order was not issued until after this date, does this make a difference?

Expert:  LawTalk replied 7 years ago.
Good morning.

Perhaps we are using a different language.

Support arrears, under CA law, is when you owe past due support.
It is an impossibility to owe arrears if a retroactive support has never been entered, and you have paid the full amount due monthly since the inception of the support order.

What am I missing here?
Customer: replied 7 years ago.

I don't know I got papers stating that on this date 12/12/08. It is writen just like this:

 

Order information: This docunment is based on the support or withholding order from 12/12/08. You are required by law to deduct these amounts from the employee/obligor's income until further notice.

 

$ 1,252,00 Per month

$ 200.00 Per month arrears. past-due child support - arrears gearter then 12 weeks (NO) checked on the papers I have.

 

Do you mean in-order for them to take out arrears in calif, they need retrocative order for support. I never got one of this. They started taking arrears right when the order was issued. Just like stated above.

 

I never was issued any order for past-due child support. They just put this on the child spport order I have now.

Expert:  LawTalk replied 7 years ago.
You are probably not looking at all the paperwork relative to the child support order.

You would not have arrears if you paid from the beginning UNLESS an order for retroactive support was issued.

You are reading from a garnishment order---not the court order of support.

Do you mean in-order for them to take out arrears in CA, they need retroactive order for support. I never got one of this. They started taking arrears right when the order was issued. Just like stated above.
No, that is not what I mean. In order for money to be garnished for arrears there MUST be arrears in the first place.

How much is being garnished every month?

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Doug

LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.

 

I pay $1, 252.00 plus arrears which is 200.00 dollars a month totally 1,452.00 was on my garnishment order, you are right. I believe there was no order for arrears; they just put it on my garnishment order letter. That was when I first notice it.

 

I was only suppose to pay 1,252.00 a month and they started taking out an extra 200.00 more without and arrears order. That's want I think happen. My layer is bad; he could not catch this and does not give me any good information about this. I have to go online to find out myself if I am getting cheated.

 

Can I find more information online about this arrears thing? Or is what do I need to do?

Expert:  LawTalk replied 7 years ago.
Good morning,

You will need to look at the court file to see if a retroactive support was ever made, and it not, you will need to petition the court to modify the child support garnishment Order based on the mistake. Perhaps for the next year you will pay only $1,052.00 to make up for the overpayment.

I wish you well.

Doug
LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks for this information, I feel a lot better now. I have more qiestion but I will address this later with who every online. I am at work thanks you very much.
Expert:  LawTalk replied 7 years ago.
Thanks for your kind words.

You can always ask for me specifically, in the first line of your new question, and I will be able to follow up with you.

Doug