My question involves a child custody case from the State of: CA
Long story short: My ex was awarded about $24K in support arrears. It was requested, but the judge declined to make a monthly payment order at the time the arrears were granted. With no monthly payment specified, my ex got an earning assignment to garnish the federal maximum (50%) and she also got a writ of execution to levy my bank accounts.
She levied my accounts 3 times before I was able to get back to court and a monthly payment toward arrears specified. At the hearing I asked the judge if the bank levies would stop now that a monthly payment was ordered. The judge was surprised there had been levies and told my ex that she shouldn't levy my accounts anymore, but that didn't end up in the order.
Can she still levy my accounts?
I know she has the ability to do so because the Writ of execution still exists and she would just have to request that the sheriff serve the document on the banks again. But would the existence of the monthly payment order be enough to reverse the levy?
Is it possible to have the writ cancelled?
Long story short: My ex was awarded about $24K in support arrears. It was requested, but the judge declined to make a monthly payment order at the time the arrears were granted. With no monthly payment specified, my ex got an earning assignment to garnish the federal maximum (50%) and she also got a writ of execution to levy my bank accounts.
She levied my accounts 3 times before I was able to get back to court and a monthly payment toward arrears specified. At the hearing I asked the judge if the bank levies would stop now that a monthly payment was ordered. The judge was surprised there had been levies and told my ex that she shouldn't levy my accounts anymore, but that didn't end up in the order.
Can she still levy my accounts?
I know she has the ability to do so because the Writ of execution still exists and she would just have to request that the sheriff serve the document on the banks again. But would the existence of the monthly payment order be enough to reverse the levy?
Is it possible to have the writ cancelled?
Collection and Enforcement: Does an Order That Specifies a Monthly Payment Toward Arrears Prevent a Bank Levy
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