Court Rejects Motion to Quash Retirement Account Levy for Support


When a California divorce is complete and the order that dissolves the marriage is entered by the court, there are several duties and responsibilities that are assigned in that document.  Failure to meet those obligations is tantamount to contempt of court, and there have been situations where a former spouse has failed to pay child support that led to arrests and criminal law problems.  Recently, an appeals court in the state ruled on an issue regarding notice when the California DCSS levied a former spouse’s retirement account to collect on past-due child and spousal support.

The court ruled that the former spouse, who was a retired attorney, did receive proper notice from the enforcement agency prior to its levying a retirement account in an attempt to collect over $126,000 in support arrearages.  The attorney claimed that he was not provided an opportunity to challenge the forthcoming levy in court, but the appeals court ruled that the attorney did receive proper notice from the overseer of his retirement account that the levy was imminent.

In addition, the court ruled that the DCSS could levy a retirement account to collect past due spousal support as well as past due child support in addition to the ruling that the agency did not need a specific court order that authorized the levy.  Overall, the court approved a levy to catch up on what was originally supposed to be $7,500 per month in total support obligations.

San Diego Divorce Lawyers

Child and spousal support orders in California are given the full weight of relevant law, and the failure to make those payments in a timely manner can lead to serious consequences, as was seen in this case.  However, that doesn’t mean that circumstances do not change for some people, but when that situation arises proper steps need to be taken in order to adjust support orders.

If you are obligated to pay support and you’re having a hard time doing so, you should not simply allow these payments to slip into arrears.  Instead, you should seek the help of San Diego divorce lawyers who have been helping husbands and fathers with these problems for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.

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