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Wages being garnished for past due Child Support

Los Angeles, CA |

My wife and I separated and she applied for state assistance. Shortly thereafter, the kids started living with me full time. Then, we reconciled. Now, all of a sudden, DCS is sending me bills and trying to garnish my wages for years of child support owed. Apparently, my wife never stopped receiving the state assistance even though she didn't have the children and then we reconciled. It looks like we are separating again so no chance of any cooperation from her. What can I do?!

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Attorney answers 2

Best Answer
Posted

Your post leaves out some pertinent information which would be helpful in responding to your post. For example, did you get notice from DCSS that they were paying the aid and would seek reimbursement from you? Did they give you notice of a hearing regarding support? Did you get notice of garnishment and an opportunity to object? Did you object? Did the time to object expire? What is the time period during which support was being paid while separated? Time frame during which she returned to the home without reconciliation and reconciliation until now ? …a year, six months? Your first move should be consulting privately with an attorney experienced in family law so that your particular fact situation can be addressed. In general, you are responsible for the support of your children and liable for reimbursement to the state for its payment in support of your children. You may have some recourse against the ex for receiving aid knowing she was not entitled to, if that turns out to be the case. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Asker

Posted

I did get noticed from DCSS that they would seek reimbursement from me but I ignored them. I have now gotten a notice of garnishment. There was only a small period of time when we were separated, but during that time I was paying her cash for support. I doubt she reported it as income to receive the state assistance. I know I should have taken care of this a while ago, but now they are going to garnish me. Can I prove I shouldn't owe the child support since she shouldn't have been getting state assistance? Who would I contact at DCSS?

Posted

Contact an attorney asap. There May be things that can be done but it will depend on various facts.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com