Child Support
Can My Ex Garnish My Wages? Child Support Wage Assignment

Can My Ex Garnish My Wages? Child Support Wage Assignment

April 13, 2013

Many clients ask the question: Can my Ex Garnish my wages? The answer is yes they can, even if you are current and have never missed a payment. All child support (as well as spousal support) orders must be accompanied by an immediately-effective earnings assignment order, subject to stay only for narrowly-defined “good cause” reasons pursuant to Family Code, Section 5200. It may be a blessing in disguise that you have a wage assignment because it will be easier to prove that you paid the support if there ever is a question about the arrears. Your employer can not hold it against you if you have a income withholding order issued for child or spousal support. It is often my advice to my clients that they should collect the support via an Income Withholding Order because of that very reason.

It is important that you contact us to discuss your options in getting a child support wage assignment or to discuss the alternatives to a wage assignment options.


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