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What to Know About Wage Garnishing for Child Support

Thursday, June 29, 2017
What to Know About Wage Garnishing for Child Support

Laws regarding child support orders are strictly enforced in California and other states. In many cases, a court will order a "wage assignment" which is a garnishment of your paycheck. This order can include back child support as well as current payments. Employers are bound by the order to deduct the particular amount from each income period. The employer generally should deduct from the first pay period occurring within ten days of the court order.

There are situations in which both parents can agree to have child support made in another manner aside from garnishment. This can happen only when the area's child support agency is not involved in the matter. If the agency is invested in a case, the parents can request the wage garnishment be put on hold while they work out a system on their own. If, however, the child support agency determines the wage assignment is appropriate, they will lobby to keep the order in place and, likely, want the payments processed through the State Disbursement Unit.

There are maximum percentages the court can order the employer to deduct. If the worker supports a second family, the most is 50% unless he is also overdue by more than a dozen weeks in which case the maximum is 55%. If the employee does not support an additional family, the law allows 60% deducted per paycheck and if he is more than a dozen weeks past due on payments, it rises to 65%.

For more information on paycheck garnishment and other child support issues, please contact us.


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