The employer of the noncustodial parent is served with the court order to withhold a specified amount of current support and if any past support is owed,  arrears payments,  with instructions to send the deducted amount directly to the payee (person who filed the wage garnishment).   In almost all cases, once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed. 

• Tell Me About The Mandatory Wage Withholding In California

The Family Support Act of 1988 requires that child support payments be withheld from a noncustodial parent's paycheck from the time that child support is ordered. The noncustodial parent's earnings will be withheld unless he/ she can,  1) show good cause why it should not be done,  (this is very difficult to do)  or,   2) an alternative arrangement has been made by the parties.  (Good cause and alternative arrangements concerning earning assignments are specified in state law in Family Code Section 5260).

FAMILY CODE 5260. 

	(a) The court may order that service of the assignment order

be stayed only if the court makes a finding of good cause or if an

alternative arrangement exists for payment in accordance with

paragraph (2) of subdivision (b).  Notwithstanding any other

provision of law, service of wage assignments issued for foreign

orders for support, and service of foreign orders for the assignment

of wages registered pursuant to Article 6 (commencing with Section

4950) of Chapter 6 shall not be stayed pursuant to this subdivision.

   	(b) For purposes of this section, good cause or an alternative

arrangement for staying an assignment order is as follows:

   	(1) Good cause for staying a wage assignment exists only when all

	of the following conditions exist:

   		(A) The court provides a written explanation of why the stay of

	the wage assignment would be in the best interests of the child.

   		(B) The obligor has a history of uninterrupted, full, and timely

	payment, other than through a wage assignment or other mandatory

	process of previously ordered support, during the previous 12 months.

   		(C) The obligor does not owe an arrearage for prior support.

   		(D) The obligor proves, and the court finds, by clear and

	convincing evidence that service of the wage assignment would cause

	extraordinary hardship upon the obligor.  Whenever possible, the

	court shall specify a date that any stay ordered under this section

	will automatically terminate.

   	(2) An alternative arrangement for staying a wage assignment order

	shall require a written agreement between the parties that provides

	for payment of the support obligation as ordered other than through

	the immediate service of a wage assignment.  Any agreement between

	the parties which includes the staying of a service of a wage

	assignment shall include the concurrence of the local child support

	agency in any case in which support is ordered to be paid through a

	county officer designated for that purpose.  The execution of an

	agreement pursuant to this paragraph shall not preclude a party from

	thereafter seeking a wage assignment in accordance with the

	procedures specified in Section 5261 upon violation of the agreement.

FAMILY CODE 5261

5261.  (a) If service of the assignment order has been ordered

stayed, the stay shall terminate pursuant to subdivision (b) upon the

obligor's failure to make timely support payments or earlier by

court order if requested by the local child support agency or by the

obligor.  The stay shall terminate earlier by court order if

requested by any other obligee who can establish that good cause, as

defined in Section 5260, no longer exists.

   (b) To terminate a stay of the service of the assignment order,

the obligee shall file a declaration signed under penalty of perjury

by the obligee that the obligor is in arrears in payment of any

portion of the support.  At the time of filing the declaration, the

stay shall terminate by operation of law without notice to the

obligor.

   (c) In addition to any other penalty provided by law, the filing

of a declaration under subdivision (b) with knowledge of the falsity

of its contents is punishable as a contempt pursuant to Section 1209

of the Code of Civil Procedure.

Information  contained on this website is not intended to and does NOT constitute legal advice.