Law Offices of Dabbah & Haddad, APC Articles About Wage Assignments and Child Support

About Wage Assignments and Child Support

By Law Offices of Dabbah & Haddad, APC  Jul. 18, 2011 10:48a

What is a wage assignment?

A wage assignment is also known as an "Order/Notice to Withhold Income for Child Support." It requires the employer of the parent owing support to deduct income from his or her paycheck for the child support, spousal support, and sometimes medical support.

Wage assignments are often required any time there is a child support order issued in a divorce or other child custody matter, regardless if the owing parent is already making child or spousal support payments. The amount deducted from the parent's paycheck is determined by the court order.

In California, you have 10 days to dispute the amount in the wage assignment once the notice is received, before the first withholding occurs. Your employer is required to comply with the order. If the employer fails to comply with the wage assignment, they can be held in contempt of court. It is extremely important if you receive a wage assignment to speak with a Glendale divorce attorney right away to ensure it follows the child support order issued in your divorce.

How much can be withheld from your paycheck?

Typically, your employer can withhold up to 50% of your net wages. In certain instances, up to 65% can be withheld. If your wage assignment order is more than 50% of your net income, you may be eligible for an adjustment. You need a skilled divorce attorney on your side to fight for your rights to a fair child support order.

It is important to know that a wage assignment will remain in effect until there is no more support owed. This can be until your child turns eighteen, or sometimes longer, if arrears are owed. If your employment changes while a wage assignment is in effect, you are responsible for contacting your local child support agency and letting them know of the change in employment.

If you happen to become unemployed while the wage assignment is in effect, you must also notify your local child support agency. You will continue to owe monthly child support payments, even while unemployed. If this happens to you, we strongly recommend that you contact our legal team for assistance in getting a modification to your child support order.

The lawyers of the Law Offices of Dabbah & Haddad, APC have years of experience in handling child support matters for their clients. A skilled attorney can mean the difference between paying your fair share of child or spousal support or being taken to the cleaners.

Contact a Glendale divorce attorney today for help with your child support wage assignment.

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