Jarvis1906
New Member
My daughter was born 10/02 and I lived with her mother. We married in 2004 and divorced May 2006. For a six month period in 2003, she received county aid for my daughter, against my knowledge. In 2003 my paychecks started to get garnished and I finally found out that the county of LA was garnishing my checks for the benefit amount that they gave her, as well as child support of $247.00 monthly to her, based on 80/20 visitation. I contacted child support in 2003 and explained that we live together with our daughter. They shortly after stopped garnishing my checks and the case was closed. We were officially divorced 6/06 and the judge awarded us both joint legal and physical custody, alternating on Fridays, with no child or spousal support ordered.
I was told by child support that she called to have the case reopened 1/2007 and they started to garnish my paychecks 2/08. Child support questions how much time I spend with my daughter and I notified them that we alternate 50%; she is with both of us equally, with me having the biggest expense for her. I was advised that I must go through the court to dimiss the judgement, and that they weren't notified of our custody arrangement when she called. I questioned how a judgement from 2003 can be enforced by child support simply by a phone call, without them performing any due diligence as to the validity for her request. Had they researched, they would have known that we share custody. What should I do to resolve? What should I do to dismiss this previous judgement? Since I lived with my X wife at the time of it being served, I am sure she could have signed for the summons to court, and never gave it to me. Therefore, a default judgement was entered based on 80% visitation for her, and 20% to me. The problem is we LIVED together at that time. I lost my job recently due to spending too much time in court, and time away from work trying to resolve my check garnishment issues. Now 25% of my unemployment checks are being garnished, and she have returned none of the money. My daughter is affected by this as well.
Any insight is appreciated.
Thanks.
I was told by child support that she called to have the case reopened 1/2007 and they started to garnish my paychecks 2/08. Child support questions how much time I spend with my daughter and I notified them that we alternate 50%; she is with both of us equally, with me having the biggest expense for her. I was advised that I must go through the court to dimiss the judgement, and that they weren't notified of our custody arrangement when she called. I questioned how a judgement from 2003 can be enforced by child support simply by a phone call, without them performing any due diligence as to the validity for her request. Had they researched, they would have known that we share custody. What should I do to resolve? What should I do to dismiss this previous judgement? Since I lived with my X wife at the time of it being served, I am sure she could have signed for the summons to court, and never gave it to me. Therefore, a default judgement was entered based on 80% visitation for her, and 20% to me. The problem is we LIVED together at that time. I lost my job recently due to spending too much time in court, and time away from work trying to resolve my check garnishment issues. Now 25% of my unemployment checks are being garnished, and she have returned none of the money. My daughter is affected by this as well.
Any insight is appreciated.
Thanks.
