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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19624
Experience:  B.A.; M.B.A.; J.D.
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I live in CA. I pay $1500/month in alimony to my ex husband.

Customer Question

I live in CA. I pay $1500/month in alimony to my ex husband. A year ago, I voluntarily filed an earnings withholding order against myself for simplicity & to avoid harassment from him whenever the check was in the mail & he became irrationally impatient waiting for it.Now, I am being targeted by a collections company for a $45k deficiency balance on a home we owned jointly in NC that he was awarded in the divorce and never financed into his name alone, and ultimately let go to foreclosure. I was awarded our CA home & financed it into my name alone, and that mortgage is current.My ex receives a medical disability check from California Highway Patrol and my alimony, and has spending problems. He does not own any property. There is NO WAY he will pay this debt, I'm sure. And he has nothing to lose; I however, have a lot to lose: my rebuilt credit, my wages, my home...I want to stop the earnings withholding order & pay his alimony payment directly to this creditor until this debt is paid, then resume alimony payments for theduration of the specified term. Can I just file a FL-430 & FL-435 to terminate the withholding since I entered into it voluntarily? How else does one handle a huge debt when the recipient of alimony won't pay it?
Submitted: 1 month ago.
Category: Legal
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

Your Questions:

I want to stop the earnings withholding order & pay his alimony payment directly to this creditor until this debt is paid, then resume alimony payments for theduration of the specified term. Can I just file a FL-430 & FL-435 to terminate the withholding since I entered into it voluntarily?

Response 1: Yes, you can. However, the Court may schedule a hearing for this modification.

How else does one handle a huge debt when the recipient of alimony won't pay it?

Response 2: File contempt action with the Court. However, since he does not have any asset that you can levy, the contempt action may not do much to resolve your issue.

Goodluck with your case,

Customer: replied 1 month ago.
I am hoping that by sending the alimony payment to this debt, I am, in effect, resolving the contempt and "garnishing" his (alimony) wages to make the situation equitable. Is my thinking inappropriate?Under what condition should I file a FL-450 (a stay of the withholding order) vs. a termination of the withholding, and what reason do I give on the documents for wanting this?Thank you.
Expert:  Phillips Esq. replied 1 month ago.

I am hoping that by sending the alimony payment to this debt, I am, in effect, resolving the contempt and "garnishing" his (alimony) wages to make the situation equitable. Is my thinking inappropriate?

Response 1: No. You try to get what you can get under the circumstances.

Under what condition should I file a FL-450 (a stay of the withholding order) vs. a termination of the withholding, and what reason do I give on the documents for wanting this?

Response 2: When you need to temporarily suspend the withholding under the circumstances that you previously stated. However, under the circumstances, you may want to ask that the withholding be terminated since you voluntarily opted for it and your ex appears not to have the means to comply with the Spousal Support Order. So, terminating the withholding may be your better option here.

Best wishes,