My question involves a child custody case from the State of: CA
I owe my Ex a few grand in child support arrears. I've always paid the child support, but she exploited some ambiguity in an old order and suddenly one day I owe her several thousand dollars. That's life, I guess. Anyway, that was a year ago.
My ex asked the court to make me take a 401k loan to pay the arrears, but that was denied. She wanted an earning assignment for 50% of my income, also denied. The court ordered I pay $500 per month and it's been automatically taken out of my pay check ever since.
So everything is peachy for about a year (not really, but I'm trying really hard not to get down. FML). I recently found out she filled an ex parte application for an income withholding order, which is standard procedure except that she arbitrarily put down a $1,000 for an arrears repayment.
She also filed an FL-460, which is a QDRO and she's trying to get at my retirement.
I don't know if the IWO or the QDRO will be approved, but if my standard luck continues, the court will approve the orders and it will be months before I can get it resolved.
I'm not really sure what I'm asking here. I just really hope they don't approve the orders.
I'm thinking of filing a motion, but to ask for what? If the QDRO gets approved, do I ask the court to recall/cancel/vacate the QDRO?
What kind or recourse do I have for my ex filing an IWO request with an amount higher than what was ordered?
I owe my Ex a few grand in child support arrears. I've always paid the child support, but she exploited some ambiguity in an old order and suddenly one day I owe her several thousand dollars. That's life, I guess. Anyway, that was a year ago.
My ex asked the court to make me take a 401k loan to pay the arrears, but that was denied. She wanted an earning assignment for 50% of my income, also denied. The court ordered I pay $500 per month and it's been automatically taken out of my pay check ever since.
So everything is peachy for about a year (not really, but I'm trying really hard not to get down. FML). I recently found out she filled an ex parte application for an income withholding order, which is standard procedure except that she arbitrarily put down a $1,000 for an arrears repayment.
She also filed an FL-460, which is a QDRO and she's trying to get at my retirement.
I don't know if the IWO or the QDRO will be approved, but if my standard luck continues, the court will approve the orders and it will be months before I can get it resolved.
I'm not really sure what I'm asking here. I just really hope they don't approve the orders.
I'm thinking of filing a motion, but to ask for what? If the QDRO gets approved, do I ask the court to recall/cancel/vacate the QDRO?
What kind or recourse do I have for my ex filing an IWO request with an amount higher than what was ordered?
Collection and Enforcement: Ex Made Arbitrary Changes to My Child Support Order
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