wage assignment order california

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2005 California Code of Civil Procedure Sections 708.510-708.560 Article 6. Assignment Order

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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CALIFORNIA FAMILY CODE

ENFORCEMENT OF SUPPORT ORDERS

EARNINGS ASSIGNMENT ORDER

Family Code Section 5230

(a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid, the court shall include in its order an earnings assignment order for support that orders the employer of the obligor to pay to the obligee that portion of the obligor's earnings due or to become due in the future as will be sufficient to pay an amount to cover both of the following:

(1) The amount ordered by the court for support.

(2) An amount which shall be ordered by the court to be paid toward the liquidation of any arrearage.

(b) An earnings assignment order for support shall be issued, and shall be effective and enforceable pursuant to Section 5231 , notwithstanding the absence of the name, address, or other identifying information regarding the obligor's employer.

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Wage Assignment for California Child Support Orders

Does it Have to Be This Way?

California handles child support payments this way so that the parent owing child support cannot avoid paying what he owes, and the children don't suffer. Because payments are deducted before he gets paid, child support is guaranteed for as long as he is employed. However, the process does involve a middle man and compromises your privacy, so it might not be the ideal arrangement for you. If you and your ex can agree on a payment plan and you trust that he will follow through on payments, you can ask the court for a "stay" of the wage assignment. If the court grants the stay, parents will handle the payments between them.

This option is not available if the Local Child Support Agency (LCSA) is involved in your case. The LCSA will be involved if one of the parents is getting public assistance for the child or the child is in foster care. You can also get help from the LCSA to get child support even if you are not on public assistance. While you can ask the LCSA to issue a stay of a wage assignment, it is not likely that they will grant it.

How a Family Law Attorney Can Help

If you have a child support order that you would like to modify in some way, including putting a hold on or setting aside a wage assignment order, contact the Marin County attorneys at Nathan Law Offices to discuss your options. We will draw on our many years of experience to offer advice that protects you and your children after a divorce or separation.