I am hoping this is the correct place to ask this question.
My husband and I live in California. He has his checks garnished by the State of Oregon for past child support payments.
Quite a few years ago my husband went on unemployment in the State of California. The state over paid him by $500.00. The Unemployment Department of California is threatening to put a garnishment on his checks to repay the over payment of his unemployment benefits.
My question is: Can the state of California garnish his checks when we already have a garnishment on them by the State of Oregon?
Thank you.

The first garnishment must be satisfy before another garnishment can be placed against anyone.

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Originally Posted by mzdebb

I am hoping this is the correct place to ask this question.
My husband and I live in California. He has his checks garnished by the State of Oregon for past child support payments.
Quite a few years ago my husband went on unemployment in the State of California. The state over paid him by $500.00. The Unemployment Department of California is threatening to put a garnishment on his checks to repay the over payment of his unemployment benefits.
My question is: Can the state of California garnish his checks when we already have a garnishment on them by the State of Oregon?
Thank you.

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Having recently just gone through this scenario, what the state of California will do is that the next time he files for unemployment, they will automatically deduct the amount from what he is going to be paid, before the monies go to the Child support payments. Additionally, he will receive a "penalty" in the form of not receiving any unemployment benefits for a specified number of weeks. (I was overpaid $300). They took the money, plus interest, and then gave me a penalty of 8 weeks of no unemployment benefits. I would highly suggest that you try and make arrangements to pay the state back.