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Child support iwo

San Jose, CA |
Filed under: Child support

I had CS amount modified from $500 to $300 but the court keeps taking $500 out of my wages. How can I stop this? Do I need to file a motion? If so, What type?

Attorney Answers 2

  1. You need to have a new wage assignment order (Income Withholding Order, FL-195) served on your employer with the correct amount. You don't need to file a Motion, since the relief you requested was already granted. I suggest you go to the Family Law Facilitator's office at the court and ask for assistance with filing a new wage garnishment order (Income Withholding Order). All child support orders must be processed by the State Disbursement Unit and if you have an open Child Support Services case, then I suggest you contact the staff attorney assigned to your matter to help you. You have a right to have the correct amount taken out of your pay check, but understand that sometimes it takes a some time to do all of the things necessary to modify the wage assignment (Income Withholding Order). Good luck.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

  2. Get the IWO replaced by a more accurate and up to date one. Make your way to the Self Help Clinic for free help with this.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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