California Wage Assignment
Child support payments can be paid through wage garnishment under California law. The party who pays child support or spousal support — the payor — can have part of his or her salary garnished or assigned by the employer and paid directly to the recipient party. It is very difficult to contest a wage garnishment; it appears to be an absolute right to have someone’s wages garnished (assigned) if there is a valid order for support. This is true even in the event that the payor is timely on the payments and the payments are made in accordance with the Court order.
If you are seeking a wage garnishment or your employer has begun garnishing your wages, contact our Riverside law firm for information and advice. Call the Law Offices of Robert Deller & Associates at (951) 680-9000.
Wage garnishment enforces child support and spousal support orders
At our Riverside, California, firm, our lawyer advises the parties about wage garnishment. Quite often wage garnishment is a positive thing. Firstly, the payee spouse is assured of receiving child support or alimony in accordance with the payor’s receipt of his/her paycheck. Secondly,the payor spouse can eliminate the stress and anguish of having to sit down periodically and physically write out checks. Moreover, while it may appear to be embarrassing for the payor spouse to have his or her employer know about the support payments, wage garnishments these days are much more common than one would imagine and they are routinely handled by the payroll department of the employer without any negative reflection upon the payor/employee.
If wage garnishment leaves you with no money, you still have options
If your wages have been garnished because of a child support or alimony order and you do not have enough money to live on, it is possible that the support order is/was too large. It is not uncommon for the Court to have made an error in the initial support order. If the error is caught on time there are remedies. Alternatively, if the error was not caught on time, it still may be possible to obtain a modification of the order. This is especially true if your circumstances have changed since the support order was issued. Such “changes” may include a change in incomes or capacity to be employed (e.g. retirement, disability, etc) or time share changes with the children. Our law firm can advise you on any matter related to a modification of a child support or spousal support order.
Do not hesitate to request a court order for wage assignment
If your “ex” has been delinquent or late in paying ordered support, it is important that you take steps to enforce the order. The easiest and most effective step is to obtain a Court order for wage assignment. If you do not, and too much time passes, in some cases, your “ex” may be able to contest any future support enforcement actions you undertake.
To learn more about wage assignment in California, contact our Riverside office.
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