My boyfriend and father of my 3yr old has a child support for his 6yr old. His mother has full custody and his dad visitation, he comes to stay over every other weekend and these past holidays he was w us mostly of the time cause him mom wanted sometime for herself, I watch him sometimes when he doesn't has school, he's a great kid. But the thing its that this Jan the check was late for 7days cause we saw her on the 1st and we make money orders and almost everything was close that day and that was the day my boyfriend got paid. We mailed to her but she got really mad it was late, now she wants the money to be withheld from his paycheck. She said she can open up the case again.but 2yrs ago she made an invalid complaint and to fix it, she had to sign a paper to agree she will get pay direct
Yes, file an Income Withholding Order. You can do this on your own, ask the self-help clinic at the courthouse, or contact a local attorney to facilitate for you.
This answer is for general information purposes only and is not legal advice. No attorney-client relationship is created by reviewing this general information.
Absolutely. Every child support order entered in California can be collected by Income Withholding Order. If you want to put this in effect as soon as possible, your boyfriend cab contact the State Disbursement Unit and set up the payment with them. They keep excellent records in the event the mom claims he is delinquent in support.
Generally, child support payments are due on a specific date (usually the 1st of the month). Being 7 days late is not a good habit, but it does not create any accrual of interest until a payment is more than 30 days late. So in that specific part of your facts, your boyfriend is still timely in payment in the eyes of the court and no problem.
Either party may file a wage assignment request without a hearing for child support if the original orders permitted wage assignment and/or did not expressly indicate wage assignment was stayed. In fact, all payments for child support should be made through the State Disbursement Unit. The parties should both submit a Child Support Case Registry form to the Family Court within 10 days of a support order being issued (or any time thereafter if not already done). Once that happens, the support payments go through the State Disbursement Unit (SDU). This helps track all payments and can help prove you are making all your payments in a timely manner or help the supported parent prove payments are not being made or are late, creating arrears.
From your statements, it sounds like the Mom would need to file a motion to get the court to order a wage assignment. Those are generally granted, but in some instances there may be sufficient reasons to deny such a request. In my opinion, the more proof you have of payments being made (and SDU keeps records for all transactions) the better. 7 days is not a big deal--but more than 30 days late creates an arrears issue where interest begins to accrue on the unpaid balance at 10% per annum--and that hurts over time. When arrears are determined, garnishment of wages is limited to 50% of the employee's salary, but monies can also be seized from joint and separate bank accounts, tax refunds, lottery winnings, licenses can be revoked, passports can be seized, etc. Keep track of all payments with copies of cancelled checks or signed receipts forever or until you get an order from the court indicating support and jurisdiction over support has terminated and no arrears are owing. Hope this helps.
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