I am in California and just recently (August of 2011) had my divorce finalized. I was awarded child support for my 4 minor children. I had discussed with my attorney the possibility of obtaining wage garnishment for the child support as I had read online that this was easy to do in California. My attorney explained to me that I would need to show that he was delinquent in order to obtain a judgement for garnishment. The child support is outlined in my final decree. My ex is now delinquent in payments. I contacted DCFS child support division and they explained to me that in order for them to process garnishment and begin collecting on my behalf, I would need a form FL-195, which I do not have. All of the information I find online leads me to believe that this form would have been easily obtained at my hearing for my divorce. My question is, was my attorney correct? Or is he mis-informed? I am not sure if I should seek new council for this matter as well as future matters and find a more knowledgable attorney, or if I should continue with the one I have now.
Your former counsel's information to you was not correct at all. A wage assignment is granted under ANY circumstances, simply upon being requested. You may consider more experienced counsel in the future. Good luck!
