In California, a wage garnishment can be terminated once the child turns 18 and graduates from high, or when the child turns 19, whichever comes first. Usually,wage garnishment does not stop automatically once the child is emancipated. The parent whose wages are being garnished will need to file anIncome Withholding for Support form, as well as anEx Parte Application for Earnings Assignment Order form. You will need to fill out these forms if you want to modify or end your wage garnishment in order to provide the facts that support the request.
Commonly, wage garnishment is used in issues of child support, but your wages can all be garnished if you have student loans, or back taxes, or if a court judgment has been entered against you. In any case, there are legal limits on how much of your paycheck can be garnished, and anyone who could be subject to wage garnishment should know theirrights.
In wage garnishment issues related to child support and alimony, all new or modified child support orders will include an automatic withholding order. If child support and alimony are combined into one family support payment, the wage withholding order applies to the whole amount owed. Orders that only include alimony do not result in automatic wage withholding.
Once the court orders you to pay child support, your employer will receive a copy of the order either from the other parent or from the court. The employer will withhold the ordered amount from your paycheck and send it to the other parent.
A large portion of your paycheck can be garnished in issues of child support. In cases of wage garnishment not related to child support, up to 25 percent of your wages can be taken. However, up to 50 percent of your disposable earnings can be garnished to pay child support, if you are currently supporting someone who is not the subject of the order. If you are not supporting another spouse or child, up to 60 percent of your paycheck can be taken, and an additional 5 percent may be taken if you are more than 12 weeks in arrears.
If your wages are being garnished because of unpaid child support, you can request a court hearing after the garnishment begins. You can make a few objections, such as claiming the amount of arrears the court claims you owe is incorrect, the amount of garnishment will leave you with too little to live on, or that you had custody of the child at the time the child support arrears occurred.
It is also important to note that in the workplace, you may not be fired, disciplined, or otherwise discriminated against because your pay is subject to wage garnishment.
Wage garnishment and child support is a complicated subject that varies between scenarios. For specific information about wage garnishment, more information about modifying or termination wage garnishment, or for help filling out forms to terminate your wage garnishment, seek help from an experienced family law attorney.
