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Can I stop the wage garnishment from my check ?

West Covina, CA |

I have been making the child support and alimony payment on regular basis ,never been late or behind on my payment,but my ex spouse still filed the wage garnishment and the court granted..I didn't fight it because I didn't really car at that time, but now I am selling my house trying to move to a lower payment house and I didn't get approved for any loans because of the wage garnishment showing in my checks ,specially the mortgage laws changed recently to be consider any wage garnishment as a credit card payment and its too much money.
I am really screwed now since my house almost closing the escrow and I have to move out in couple weeks and I don't know how to get a loan for the house I want to move to, is there anyway the court may stop the garnishment even temporary for that reason ?

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Attorney answers 3


When there is a spousal and/or child support order, an Income Withholding Order is a matter of right. No, you cannot stop it. Perhaps you can have it temporarily set-aside while you get yourself approved for the loan and then have the order reinstated after you close escrow. Discuss this option with an attorney.


A wage assignment (not wage garnishment) should be used to deny you a mortgage. I suggest that you appeal to the mortgage company for this. You shoudl also see an attorney on this matter.


You will need an attorneys assistance.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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