Comprehensive Solutions to Difficult Family Law Issues

The facts about wage garnishments and child support

On Behalf of | Nov 1, 2022 | Child Support

If you have stopped receiving your California child support payments from your ex and have tried discussing the matter with them for months to no avail, don’t wait any longer. Be prepared to take legal action against them in order to receive what yu are rightfully owed per the existing court order.

Employer wage garnishment

To receive past-due child support payments from a spouse’s employer, you must obtain a court order for payment, which includes the right to wage garnishment. Once that order is served at the appropriate place of business, the employer is legally responsible for withholding the required funds until the employee repays the debt.

Federal law sets a 50% maximum amount of one’s income that an employer may withhold for missed payments. This amount increases to 60% if the responsible person is not supporting another spouse or additional children not included in the divorce decree. The law allows an extra 5% if the ex has missed more than 12 weeks of payments.

An employer may not fire an employee because it is garnishing wages for non-payment of child support. However, additional garnishments for other types of unpaid debts may be grounds for dismissal.

Change in circumstance

A court order can modify child support decrees for altered circumstances. For example, one of the parents may experience a significant increase or decrease in their financial condition, or the primary custodian may change. If this is the case, either parent can request a modification hearing in court. The judge will decide if the situation warrants an adjusted payment.

If you are experiencing difficulty making or receiving child support payments, act quickly to resolve the issue. Delays only intensify the problem.