Mandatory Wage Withholding

State law 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, or 2) has an alternative arrangement with the FSD or local child support agency and the custodial parent. (Good cause and alternative arrangements concerning earning assignments are specified in state law in Family Code Section 5260).

The employer of the non­custodial parent is served with a court order or a notice of assignment to withhold a specified amount of current support and back child support, with instructions to send the wages to the FSD or local child support agency for distribution. Once a wage assignment is served, the employer must honor it as long as the non­custodial parent remains employed.

An employer may not take more than 50 percent of the non­custodial parent`s disposable earnings unless ordered to do so by the court. The wage assignment order has priority over any other withholding order against the non­custodial parent.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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