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Child Support Arrears in Ch13.
You need to find out why the employer is not enforcing the entire wage assignment. They can only take 50% of take home. Is wage assignment more than that? Employer has liability for not following wage assignment.
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Pat,
Good point.
I need to know if the Ch13 plan will trump the order wage order to withhold
the arrears amount. Debtor can't make the plan if the wage order takes the
arrears and the monthly.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
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F 805.987.2866
C 805.750.2150
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The arrears can go in the plan. If there is not enough money to pay in 5 years then you can ask Child Services to stip to nondischarge of balance of debt and payments to continue after plan is consummated.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, August 30, 2013 9:55 AM
Subject: [cdcbaa] Child Support Arrears in Ch13.
Debtors H & W are about to file a Ch13. H has child support order against him to withhold 2300/mo for child support plus 600/mo for arrears. Hs employer is currently withholding the 2300/mo; not the 600/mo arrears. Can Debtor put the arrears in ch13? His ch13 plan would be about 500/mo. There are also FTB taxes to be paid in the plan. A five year plan would pay all his tax and child support arrears.
Im not clear how the support order for wage garnishment is supposed to work. The Child Support Enforcement Agency notice would seem to indicate that the monthly and the arrears are to be withheld, but the employer is only withholding the monthly.
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
http://www.thousandoaksprobate.com/
Email Larry@webbklaw.com
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Larry:
Good recitation of the facts, but what is your question?
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Debtors H & W are about to file a Ch13. H has child support order against
him to withhold 2300/mo for child support plus 600/mo for arrears. H's
employer is currently withholding the 2300/mo; not the 600/mo arrears. Can
Debtor put the arrears in ch13? His ch13 plan would be about 500/mo. There
are also FTB taxes to be paid in the plan. A five year plan would pay all
his tax and child support arrears.
I'm not clear how the support order for wage garnishment is supposed to
work. The Child Support Enforcement Agency notice would seem to indicate
that the monthly and the arrears are to be withheld, but the employer is
only withholding the monthly.
Best Regards
Larry Webb
Law Office of Larry Webb
484 Mobil Ste 43
Camarillo, Ca 93010
805-987-1400
http://www.thousandoaksprobate.com/
Email Larry@webbklaw.com
The post was migrated from Yahoo.