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-   -   End Spousal Support being collected via wage attachment (https://www.askmehelpdesk.com/showthread.php?t=69984)

  • Mar 8, 2007, 06:47 AM
    Greg24
    End Spousal Support being collected via wage attachment
    Greetings!
    I am new here and have spent many a night trying to find the answer to this question- short of begging my attorney to help me (which it seems she is not interested in doing at this time.)
    Here is my situation:
    I had a court ordered attachment to my wages for spousal support. I was behind but now am caught up and the support ended at the end of February. The attachment has not, however and I need to find out how to end the attachment. I have asked my attorney to help me, but she has ignored my plea repeatedly. That in itself is a whole other matter.
    Does anyone know how I can stop this attachment? Is there a form online I can complete and forward to the court?
    A few complications are- the court is in California and I am on the east coast now- so travel would not be possible at this time.
    My ex moved and left no forwarding address- so no luck contacting her. My payroll dept is required to continue the garnishment until they receive a court order stating is must end.
    I have yet to receive a copy of the court papers stating the final decree of the spousal support from my attorney- after numerous attempts to do so.
    I am at a loss and don't know what to do.
    Can anyone help me with this?
    Thank you so so much for any info you can provide!
  • Mar 8, 2007, 07:03 AM
    ScottGem
    Ok, first, you need to get a copy of the order that was served on your payroll department. Usually such orders are NOT open ended especially, if the support has an expiration date. Second, you are paying your attorney so tell her to get off the stick and earn her fees. She should be immediately filing an order for the payroll deductions to cease. If she doesn't, tell her you will bring he up on charges to the Bar assn.
  • Mar 8, 2007, 07:07 AM
    Greg24
    Thank you Scott- that helps- I have pleaded with my attorney but she seems too busy to help. I guess it is time to get ugly about this. She considers her help a gift- even though I paid her plenty since the beginning of this whole ordeal. I would love to cite a specific law, order or something to shock her into action. Know of anything that could help?

    Regards,

    Greg
  • Mar 8, 2007, 07:10 AM
    ScottGem
    Her inaction is costing you money (deductions beyond what is required). That is malpractice. I would contact the local Bar assn for leverage if you want some beforehand.
  • Mar 9, 2007, 10:51 AM
    Greg24
    Thanks again! We contacted the State Bar asscn who wanted to immediately file a complaint against her. That will be our next step, after the withholding is removed of course.
    We left a message, have documentation of unanswered emails, and now a certififed letter giving our atty one last chance to complete the job she was hired for.
  • Mar 9, 2007, 11:06 AM
    ScottGem
    Sounds like this isn't the first complaint the Bar Assn has received on her. Usually they will bend over backwards to protect their members. So if they wanted you to immediately file a complaint, they likely know about her.

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