On Leave Of Absence

M

Mandelynn

New Member
Jurisdiction
California
My ex was court ordered to pay spousal support bi-weekly.
for over a month now, no support has been coming in. This is the main part of my income. I am disabled and my social security only pays for 1/3rd of my mortgage.
He recently took A Leave Of Absence from his job.
I had no clue he took off. No clue when or if he'll be back at work.
My kids (adults) tell me he's fine health wise.
I spent a fortune on a lawyer who did a great job but he's retired now and I have no money left for a new one.
I also live in Mich, my ex and the case was in Los Angeles.
Is there anything I can do to get the support or can he just get away with it though the leave of absence excuse?
How do I go about trying to retrieve the money owed to me?

Added note, Tried to contact his work but the phone is all automated now. No answer at human resources.
 
Last edited:
Mandelynn said:
My ex was court ordered to pay spousal support bi-weekly.
for over a month now, no support has been coming in. This is the main part of my income. I am disabled and my social security only pays for 1/3rd of my mortgage.
He recently took A Leave Of Absence from his job.
I had no clue he took off. No clue when or if he'll be back at work.
My kids (adults) tell me he's fine health wise.
I spent a fortune on a lawyer who did a great job but he's retired now and I have no money left for a new one.
I also live in Mich, my ex and the case was in Los Angeles.
Is there anything I can do to get the support or can he just get away with it though the leave of absence excuse?
How do I go about trying to retrieve the money owed to me?

Added note, Tried to contact his work but the phone is all automated now. No answer at human resources.
Click to expand...
The HR dept will not give you information re his LOA. You may just have to file for contemp. The motion would be filed in Los Angeles.
 
There are things you can do, but without an attorney representing you aren't going to be able to do them quickly or easily.

Were you receiving the payments as a result of wage garnishment or as a result of voluntary payment?
 
How to collect spousal support
Usually, the payments are taken directly from your spouse's pay by their employer and sent to you (called an earnings assignment or income withholding). Some people call this a wage garnishment. If your spouse does not pay support, there are steps you can take to collect the support you're owed.

If your spouse is not paying support
Your spouse will owe interest on any unpaid support. The interest rate for unpaid support is 10% per year. It works like interest on a credit card.

The LCSA will handle getting an Income Withholding Order. They will have the order served within 15 days of locating your spouse's employer. Once the employer receives the Order, they have 10 days to take the money from your spouse's next paycheck. The employer takes child support out first. Spousal or domestic partner support is taken out after that.

The employer must send the money to the SDU. The SDU State Disbursement Unit | CA Child Support Services then sends the child and spousal support to you. It will not come from the employer or the LCSA.



https://selfhelp.courts.ca.gov/spousal-support/collect
...
 
army judge said:
How to collect spousal support
Usually, the payments are taken directly from your spouse's pay by their employer and sent to you (called an earnings assignment or income withholding). Some people call this a wage garnishment. If your spouse does not pay support, there are steps you can take to collect the support you're owed.

If your spouse is not paying support
Your spouse will owe interest on any unpaid support. The interest rate for unpaid support is 10% per year. It works like interest on a credit card.

The LCSA will handle getting an Income Withholding Order. They will have the order served within 15 days of locating your spouse's employer. Once the employer receives the Order, they have 10 days to take the money from your spouse's next paycheck. The employer takes child support out first. Spousal or domestic partner support is taken out after that.

The employer must send the money to the SDU. The SDU State Disbursement Unit | CA Child Support Services then sends the child and spousal support to you. It will not come from the employer or the LCSA.



https://selfhelp.courts.ca.gov/spousal-support/collect
...
Click to expand...
This is all true, but doesn't address the OP's actual concern(s).

The guy isn't working right now, so the OP wants to know how to address the fact that she is not receiving any funds from the guy right now.
 
The answer is that the OP will need to file an appropriate motion to enforce the spousal support obligation. If the OP were actually in CA, I'd suggest a visit to the county law library and time spent with The Rutter Group's Family Law practice guide, but I doubt that's available anywhere in Michigan.
 
Zigner said:
The guy isn't working right now, so the OP wants to know how to address the fact that she is not receiving any funds from the guy right now.
Click to expand...

If a person is FINANCIALLY CHALLENGED, asking a state agency is but ONE of a DOZEN ways to attempt to resolve a dilemma.

As far as not working, YES, a state agency adds to someone's ability to receive court ordered compensation and legal assistance at some point down the line.

Unfortunately, as with medical care, those suffering legal obstacles don't have good insurance policies and assistance.
 

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