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  • Child Support Payments California

    Can you deduct more than half of an employees pay if it comes from different garnishments? I read on the garnishment orders that total withheld amount cannot exceed 50%, but that is only per garnishment, am I right in thinking this?

  • #2
    Originally posted by epreciado5 View Post
    Can you deduct more than half of an employees pay if it comes from different garnishments? I read on the garnishment orders that total withheld amount cannot exceed 50%, but that is only per garnishment, am I right in thinking this?
    The Consumer Credit Protection Act limits the total amount garnished to 50% (or 55% to 65% depending on the circumstances). To read the exact wording of the law go to http://www.law.cornell.edu/uscode/#TITLES in Title 15 chapter 41.

    This applies to all garnishments no matter how many there are and the percentages are for net income after taxes, not gross.
    Last edited by xena; 12-11-2007, 08:38 PM.

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    • #3
      Statue of Limitation for Child Support in California

      My son is 28, and I was never paid a dime for child support from his bio-dad. Is there a statue of limitation in California for collecting support from him? He has a job, that I know for sure. My best friend works across the street from him. I left him when my son was 2 because he went to jail for stealing. When he got out I had moved to San Diego and filed with the DA, and he was orderd to pay 100.00 a month after his release. He never paid. So in the mean time I did marry and my husband said that he would take care of my son. So I never persued the support. Do I still have any rights to collect? To me it would be worth my time to see what I can do about this. When my son turned 14 yrs. I did finally get them together and tried to get a relationship started between the two of them. Well......everything was fine and good up intil my son and his ex split up (they have a son together) and my ex was giving him the song and dance about how he should pay child support (which he has been giving her over 400.00 a month, with-out a court order, which will be takin care of next month, due to the fact that my son filed for prim. custody for his son) My son told him that he had alot of room to talk about support when in fact I was never paid a dime from this man. I really would like some info, because if I can, I will just put the monies in a trust for my grandson for college. Thank You.....

      GiGi

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      • #4
        Originally posted by Khromekandee View Post
        My son is 28, and I was never paid a dime for child support from his bio-dad. Is there a statue of limitation in California for collecting support from him? He has a job, that I know for sure. My best friend works across the street from him. I left him when my son was 2 because he went to jail for stealing. When he got out I had moved to San Diego and filed with the DA, and he was orderd to pay 100.00 a month after his release. He never paid. So in the mean time I did marry and my husband said that he would take care of my son. So I never persued the support. Do I still have any rights to collect? To me it would be worth my time to see what I can do about this. When my son turned 14 yrs. I did finally get them together and tried to get a relationship started between the two of them. Well......everything was fine and good up intil my son and his ex split up (they have a son together) and my ex was giving him the song and dance about how he should pay child support (which he has been giving her over 400.00 a month, with-out a court order, which will be takin care of next month, due to the fact that my son filed for prim. custody for his son) My son told him that he had alot of room to talk about support when in fact I was never paid a dime from this man. I really would like some info, because if I can, I will just put the monies in a trust for my grandson for college. Thank You.....

        GiGi
        This thread is 6 months old. When you want to ask a question you need to start your own thread, you'll get more responses that way.

        There is a legal defense in situations like yours. It's called laches and waiver. Basically it means that because you did NOT attempt to enforce the order at a time when you should have, you might be barred now from collecting.
        You should have filed to enforce the order years ago, especiaslly when it is obvious that you knew your ex's whereabouts. IF you do file, and if your ex hires an attorney, you can pretty much expect that the court will refuse to order payment because you waited too long.

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        • #5
          Khromekandee: I was never paid a dime for child support. Is there a statue of limitation in California for collecting support from him?

          xena: There is a legal defense in situations like yours. It's called laches. Basically it means that because you did NOT attempt to enforce the order at a time when you should have, you might be barred now from collecting. If your ex hires an attorney, you can pretty much expect that the court will refuse to order payment because you waited too long.


          To Khromekandee: Xena's answer underscores how important it is to take any advice you receive on this (or any other) website with a proverbial grain of salt -- especially when it is given by a non-professional.

          California Family Code section 4502 statutorily bars a parent from relying on laches to defend an action to enforce a child support order brought by another parent.

          You should consult with an attorney in your area for further advice.
          Barry S. Phillips, CPA
          www.BarryPhillips.com

          IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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          • #6
            Originally posted by BSPCPA View Post
            Khromekandee: I was never paid a dime for child support. Is there a statue of limitation in California for collecting support from him?

            xena: There is a legal defense in situations like yours. It's called laches. Basically it means that because you did NOT attempt to enforce the order at a time when you should have, you might be barred now from collecting. If your ex hires an attorney, you can pretty much expect that the court will refuse to order payment because you waited too long.


            To Khromekandee: Xena's answer underscores how important it is to take any advice you receive on this (or any other) website with a proverbial grain of salt -- especially when it is given by a non-professional.

            California Family Code section 4502 statutorily bars a parent from relying on laches to defend an action to enforce a child support order brought by another parent.

            You should consult with an attorney in your area for further advice.
            I apoligize for giving incorrect info to the OP for CA. In some states the statutes or case law shows that the defense of laches can be used. However, I was unaware that CA is different. Thank you for educating me and the OP.
            xena

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