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ascampos · May 4, 2010, 06:09 AM

Our Joint account was just garnished from child support since my husband is late on his debt. They garnished everything that was on our account, and that is all of my earnings, with have two kids together and I am the only one working to support our family but they didn't care and still took it all. We called and the only advised they gave us is to file this claim of exemption and to wait to see if they approve it, although the rep said that she has never seen those go through! Any advise or do you know if I have any chances of getting my money back?

JudyKayTee · May 4, 2010, 06:48 AM

In my area the chance of you getting money held in joint names returned to you is slim. I have also never seen such a petition succeed.

The Court may also advise you that your husband needs to support his first family as well as his second. I've seen Judges be very harsh on a father who meet his child support obligation but goes on to have more children.

If he is not employed - which you seem to say - did he file to reduce his child support obligation on the basis of changed circumstances?

What State? I am guessing California - the CCP Code is tricky and you really need an Attorney to handle this filing. Have you checked into free legal assistance?

ascampos · May 4, 2010, 06:54 AM

We had a business that failed and we have lost it all. He was never married to his daughter's mom and he has always been on top of the child support until now. We've always called them with our new address, new employers and so on. When we lost the business we called the have an adjustment made and they denied it, neither one of us were working and they still denied it, now I am the only one working and he is finish with school, but I am trying to provide for my family and I just to think this is fair, all of those funds were for our rent and utilies, now we are so far behind plus I owe the bank all the overdraft fee on top of everything else...

JudyKayTee · May 4, 2010, 06:58 AM

Originally Posted by ascampos

We had a business that failed and we have lost it all. He was never married to his daughter's mom and he has always been on top of the child support until now. We've always called them with our new address, new employers and so on. When we lost the business we called the have an adjustment made and they denied it, neither one of us were working and they still denied it, now I am the only one working and he is finish with school, but I am trying to provide for my family and i just to think this is fair, all of those funds were for our rent and utilies, now we are so far behind plus I owe the bank all the overdraft fee on top of everything else.....

I do understand your frustration but the Court is still going to say that his first obligation is to his first child, whether he married the mother or not. Did you file a Motion to reduce the support or simply call on the phone? Obviously paperwork in this instance would be very helpful.

Was he paying anything toward child support?

Again, I understand your frustration and am only telling you what I have seen and heard in the Courtroom.

ascampos · May 4, 2010, 07:18 AM

We did file a motion to reduce his support, he was current with them until we closed the business, then we called them when he had a job and they were deducting from his paychecks until he started going to school. All of his tax refund was applied to their debt as well.

this8384 · May 5, 2010, 08:50 AM

Originally Posted by ascampos

We did file a motion to reduce his support, he was current with them until we closed the business, then we called them when he had a job and they were deducting from his paychecks until he started going to school. All of his tax refund was applied to their debt as well.

Correct me if I'm not understanding. You closed the business, then your husband got a job, at which point child support sent his employer an order to withhold support from his paycheck. Your husband then chose to quit his job and start attending school. Is that correct? How do you feel that him quitting his job is grounds to reduce child support? The child still needs financial support, regardless of whether your husband is working or not.

Just how far behind on payments was he? Has he attempted to get another job or was he waiting until he graduated?