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Can my ex-husband modify child support without going to court?

Loomis, CA |

There is a court order for the amount of CS I am receiving twice a month. This is a set amount and it has always been the same. His wages are being garnished and I am sent a check. The last 3 checks though have been less than the amount I am supposed to receive according to the court order. There is an asterisk by the amount, saying "amount adjusted due to CCPA regulations" My ex just said they changed the way the CS is going to work and instead of a set dollar amount, they were going by a percentage. But ever since then, my checks have been lower. Can he and his company's HR dept just change this without a judge signing off on it? Help, I need to figure this out!

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Attorney answers 1


Any modification must be by court order. Perhaps his pay has changed, and the amount of child support is more than 1/2 his take home pay. If so, the amount withheld by wage assignment can only be 50% of his take home. The fact that you are not receiving the full monthly amount does not change the order. He is simply building up an arrears balance, that a 10% per year interest charge can be added.

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