wage and earnings assignment order california

How to Enforce Spousal Support in California

• February 5, 2021February 1, 2021
• by Briana White

When your ex refuses to pay spousal support, is late on payments, or doesn’t give you the full amount, this can be understandably frustrating. Especially since the entire point of spousal support is to help a homemaker become economically independent after a divorce. Without this reliable, financial assistance, getting back on your feet becomes much more difficult. 

If a judge included spousal support in your divorce order, it isn’t optional. Your ex might not like you, or agree with the verdict, but the hard truth is, that court orders are as iron clad as any other law—the only difference being, that it’s personalized to you. And California courts don’t look kindly on law breaking.

If you need to enforce spousal support in California, here’s how that might look in your situation. 

Enforcing Spousal Support: Earnings Assignment

The easiest and fastest way to enforce spousal support in California, is to file an earnings assignment with your county clerk immediately after your divorce is finalized. An earnings assignment—also known as wage garnishment —is a legal document that requires your ex’s employer to pay you spousal support before giving them their take-home pay. This type of enforcement is automatically available to every California divorce. 

Filing an Earnings Assignment in California

The only requirement to filing an earnings assignment, is that your divorce is finalized. Once you have your support order from the judge, activate your earnings assignment by completing: 

• A Findings and Order After Hearing ( Form FL-340 ); 
• Any of the required attachments; and,
• An Earnings Assignment Order for Spousal or Partner Support ( Form FL-435 ). 

Upon completion, take the finished forms (and attachments) to your local clerk for signatures. After everything has been processed, you can pick them up and have copies properly served to both your ex and his or her employer. This is done via mail, and must be initiated by someone who is not a party to the case (meaning: you can’t do it yourself). Make sure to have your server fill out two proof of service forms (one for your ex, and one for the employer), as these will also need to be filed with the clerk.

Earnings Assignments Are Not Required

Although convenient and efficient, wage garnishment isn’t actually required. If both parties agree, an earnings assignment can always be “stayed,” or rather: put on hold. Though, it’s important to note, that a stay of earnings can always be reversed, if proper payments are not made on time in the future.  

How Long Before an Earnings Assignment Takes Effect?

Once everything has been filed and served, your ex’s employer will have ten days to begin deducting spousal support from the paycheck. If they do not, the employer could be held liable for payments in your ex’s stead. 

Enforcing Spousal Support in California: Other Tactics

If your ex falls behind on payments, or you are having trouble with an employer not meeting the terms of a valid earnings assignment, you may need to involved the court again. In these situations, a judge might reinstate an earnings assignment, or possibly hold an employer liable for noncompliance, if applicable. During this process, you will likely need to make an accounting of all missed payments, so that the increased amount can be included in the amount owed.

While it’s possible for you and your attorney to do these things on your own, if you are still having problems, at this point you might also want to consider soliciting outside help. 

Local Child Support Agency (LCSA)

One way to get help enforcing spousal support in California, is to open a case with your local child support agency (or LCSA). The LCSA is authorized to help enforce orders of both spousal support and child support , and they can do so at no charge to you . 

The biggest benefit to using the LCSA, is the arsenal of enforcement tools they have at their disposal—tools that certainly aren’t available to the average citizen. To enforce spousal support in California, the LCSA can: 

• Report all late and missed payments to major credit reporting agencies, detrimentally effecting credit scores; 
• Notify the U.S. State Department, who can place a holds on the passport of any individual owing $2,500 or more in support payments; 
• Put a lien on your ex’s land or house, so that if the property is sold, profits can’t be collected on the proceeds until support payments are made; 
• Suspend any state-issued licenses, including any driver’s, business, or professional licensures your ex might have;
• Use the Franchise Tax Board to collect money from bank accounts, real property, deposit box cash, or even vehicles owned; 
• Notify the IRS to take support payments out of tax refunds before they issue anything to your former spouse; 
• Take the owed support out of unemployment benefits, or workers compensation; and even,
• Claim lottery winnings—if your ex happens to be so lucky. (And there’s definitely some satisfying karma in that, we think.) 

As you can see, the tactics used by the LCSA are much more motivating than anything you can do on your own, and since they’re available at no cost to you, it might make a lot of sense to just skip the drama, and involve them in your case as soon as possible. 

Contempt of Court

In extreme cases, it might be necessary to enforce spousal support by holding your ex in contempt of court. Unlike divorce cases, which are held in civil court, a charge of contempt is a very serious criminal charge, and could result in jail time.

When deciding on contempt, the judge will analyze whether or not the support was withheld on purpose—particularly if your ex was able to pay, but just decided not to. Because while you can’t (technically) get thrown in jail for being in debt, intentionally ignoring a court order can definitely get you there. This is usually a measure of last resort, though, and most judges will attempt to find a reasonable solution before putting anyone behind bars. 

Spousal Support Modification

Because there are such serious consequences attached to not paying spousal support, if you are on the paying end and cannot fulfill the court’s order, it’s important you notify them as soon as possible. The court understands that life is unpredictable, and circumstances change. That’s why there are ways to modify a spousal support agreement—ones that don’t involve enraging the Powers at Be for not paying (which, really, is never a good idea). 

Communication is the biggest key, here. As soon as you are aware of the change in circumstance, don’t wait. Notify the court, and fill out the necessary forms to initiate a hearing to modify. Amount changes cannot be applied retroactively, so acting fast is critical, as you’ll still be on the line for the original amounts, however long it takes you to get the wheels rolling. 

Depending on the reasons for your request, the court may reduce the amount, though they’re unlikely to eliminate altogether.

Attorneys to Enforce Spousal Support in California

For many divorcees, spousal support is a critical means of income in the post-divorce era, and not receiving these funds in full and on time can be extremely stressful and financially crippling. 

If you are entitled to receive regular spousal support, and are not getting it, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today. With our assistance, we can make sure you receive the funds you’re entitled to, without the stress and headache of going it alone.

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Once the court orders you to pay spousal or partner support, you must make the monthly spousal or partner support payments starting on the date the judge orders.

In every case ordering spousal or partner support, the court will order that a wage assignment (also called “wage garnishment”) be issued and served. The wage assignment tells your employer to take the support payments out of your wages.

Generally, both parties can agree that payments can be made in some other way and can ask that service of the wage assignment (sending the wage assignment to the employer) be “stayed” (put on hold). In this situation, the parties work out how spousal or partner support will be paid and handle it between them.

In some cases, the local child support agency (LCSA) is involved. The LCSA is only involved if there is also a child support order in your case and 1 of you asked them for help enforcing all support payments (spousal/partner and child support). The LCSA may also be involved if 1 of you gets public assistance for your children (like CalWORKS). If the LCSA is involved, the LCSA has to agree to have the wage assignment “stayed.” If the spouse/partner getting child and spousal or partner support is NOT getting public assistance, the LCSA will probably agree to both of you working the payments out between you.

• Read the Child Support section of this Online Self-Help Center for more information on how to handle your case when the LCSA is involved.

IMPORTANT!! If the reason you cannot pay your spousal or partner support or are falling behind is you lost your job, your income went down, you went to jail, or some other important change happened, you need to ask the court to change your spousal or partner support amount. DO NOT WAIT. Even if you lose your job, you will be responsible for the full amount of spousal or partner support until a new order is made.

Learn how to ask the court to change your support order . Or contact your court’s family law facilitator  for help with your paperwork and understanding what you should do.

Earnings Assignments (Wage Garnishments)

After the court decides the amount of spousal or partner and/or child support, the earnings assignment (also called “wage garnishment”) tells the employer how much to deduct from each paycheck and where to send the payment.

With an earnings assignment, if you are regularly employed, the employer will take support payments directly out of your paycheck. Most support is paid this way, and federal and state laws require it in almost all support cases. It is the employer’s responsibility to withhold the wages if there is an earnings assignment. If you also have a child support earnings assignment in place, child support is deducted first. Spousal or partner support assignments come after child support earnings assignments.

If the local child support agency  (LCSA) is involved in your case, they will automatically issue the earnings assignment and begin collecting from your paycheck through your employer.

If the LCSA is not involved in your case, your former spouse or domestic partner, or the court itself, will prepare a earnings assignment and send it to your employer.

How Payments Made by Earnings Assignment Work

• Once the earnings assignment is served on the employer, the employer has 10 days to start taking the money out from your next paycheck.
• If the local child support agency (LCSA) is involved in your case, the earnings assignment is sent to your employer within 15 days of the date the LCSA finds the employer. The employer must deduct the support from your wages and send it to the LCSA within 10 days.

If the earnings assignment is for spousal or partner support only, the employer will forward the payments to the supported spouse or partner directly.

When an earnings assignment includes child support, employers must send the payments withheld to the California State Disbursement Unit (SDU). This means that the spousal or partner support (with the child support) payments will probably come to the person getting support from the SDU and not directly from the paying person’s employer (or from the LCSA if they are involved in your case). Getting payments through the SDU does NOT mean that you have a case with the local child support agency.

If you have any questions about the SDU, contact the SDU directly at 1-866-901-3212 or visit the California State Disbursement Unit's website .  

If You Do Not Want Your Wages Garnished

In general, you cannot fight an earnings assignment (also called a “wage garnishment”) in court because earnings assignments are allowed by law. However, in some circumstances you can object to the earnings assignment issued to your employer. For instance, if you and your former spouse or partner have an agreement that says there will be no earnings assignment, it may be possible to ask the court to review your case.

Asking that the earnings assignment be quashed (“set aside” or “canceled”) When an earnings assignment order is sent to your employer, your employer will give you a blank Request for Hearing Regarding Earnings Assignment ( Form FL-450 ). You have 10 days from when you receive this form to ask for a hearing on the earnings assignment. On the form, you will have a chance to explain why you do not want your wages garnished. When you go to court, the judge will make a decision.

The reasons you can ask for the earnings assignment to be canceled are:

• You and your former spouse or partner have an agreement that you will pay your spousal or partner support directly (and if the LCSA is involved, they agree too).                           OR
• When child support is included, it would be in your children’s best interest to cancel the earnings assignment (if you have children and the earnings assignment includes child support).

Asking for service of the earnings assignment to be “stayed” (“put on hold”) In some cases, you may be able to get a “stay” of (a “hold” on) the service of the earnings assignment, which means that the earnings assignment would not be sent to your employer and you would be able to pay on your own. Read the Stay of Service of Earnings Assignment Order ( Form FL-455 ) for more information on the reasons you can request a stay.

In general, the reasons you can ask for a “stay” of the service of the earnings assignment are:

• If you have a history of making payments on time;
• If the earnings assignments would cause an undue hardship; or
• If the reason you are behind is that your checks to the other person have been undeliverable for 6 months.

To ask the judge to stay the earnings assignment:

1. Fill out the Stay of Service of Earnings Assignment Order ( Form FL-455 ). On this form, mark the box that explains you have an agreement with your former spouse or partner (AND the LCSA if they are involved in your case) for another payment arrangement.

2. You will get a court hearing where you can ask the judge to stop service of the earnings assignment.

3. If the judge agrees with your request, he or she will sign the stay. This stops the earnings assignment from taking effect because it will not be served on your employer.

4. If you get a stay, it is very important you both keep good records of all the payments, in case there are any issues in the future.

See the Stay of Service of Earnings Assignment Order ( Form FL-455 ) for more information on “staying” an earnings assignment.

If you do not follow your arrangement, your former spouse or domestic partner (or the LCSA if they are involved) can ask the court to end the stay on the earnings assignment and ask the employer to start garnishing (withholding) your wages.

If You Disagree With the Amount of the Earnings Assignment

When an earnings assignment order is sent to your employer, your employer will give you a blank Request for Hearing Regarding Earnings Assignment ( Form FL-450 ). You have 10 days from when you receive this form to ask for a hearing on the earnings assignment. On the form, you will have a chance to explain why you think the amount of the earnings assignment is wrong. When you go to court, the judge will make a decision.

Remember that this is not the form you use to ask for a change in your spousal or partner support. It is used ONLY because you believe that the amount that will be taken from your paycheck is the wrong amount. Click if you want to change the amount of spousal or partner support you have to pay .

If You Cannot Afford to Pay the Amount of the Earnings Assignment

If your employer is taking too much out of your paycheck and you cannot afford it, there may be something you can do. It depends on what amounts are being taken from your check.

If your employer is just taking out the monthly spousal or partner support that the court ordered (without anything added to it), then there is probably nothing you can do except go to court to ask for your spousal or partner support to be changed. BUT if you just had a court hearing and that is the order the judge made and nothing has changed since the hearing, you probably will not succeed since the order shows the amount the judge ruled you have to pay.

If your employer is taking out an amount much higher than what your monthly spousal or partner support order says, you probably have a past due spousal or partner support balance. In this case, there may be something you can do. The court (and the LCSA if they are involved in your case) has a little more flexibility in how much money you have to pay every month to start paying off your past due support.

First, if they are involved, contact the local child support agency (LCSA) to see if you can make arrangements to lower your payments. If that does not work, you can file court forms to ask a judge to set a payment that you can afford. Remember, this payment is for the back spousal or partner support and probably child support.

If the LCSA is not involved in your case, you can file a request in court to set a payment amount that you can afford. Talk to your family law facilitator to learn what court forms would be best in your case.

If you decide to do it on your own, the procedures may vary from court to court, but in general, you will have to follow these steps:

1. Fill out your court forms Fill out:

• Request for Order ( Form FL-300 ). You can use the Information Sheet for Request for Order ( Form FL-300-INFO ) for information to fill out Form FL-300. (Ask your family law facilitator if you need to check the box for “Court Order” and item 4 on Form FL-300), and
• Income and Expense Declaration ( Form FL-150 ).

On your Form FL-300, check the box at item 8 (“Other Relief”) and write in “Set monthly liquidation payment of $ ( write in a reasonable amount ).” The “liquidation payment” is the payment that goes toward your back spousal or partner support.

It is very important that you fill out Form FL-150 very carefully and completely. That form will show the court why you cannot afford the high rate of payments the earnings assignment is asking for to pay off your balance.

2. Have your forms reviewed Ask your court’s family law facilitator to review your paperwork. The facilitator can make sure you filled it out properly before you move ahead with your case.

3. Make at least 2 copies of all your forms One copy will be for you; another copy will be for your former spouse or domestic partner. The original is for the court. If the LCSA is involved in your case, make 3 copies.

4. File your forms with the court clerk Turn in your forms to the court clerk. The clerk will keep the original and return the copies to you, stamped “Filed.”  You may have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver .

5. Get your court date The clerk will give you a court date and write it on your Form FL-300.   6. Serve your papers on your former spouse/partner (and the LCSA, if they are involved) Serve your spouse or partner (and the LCSA, if they are involved) with a copy of your papers and a blank Responsive Declaration to Request for Order ( Form FL-320 ) and blank Income and Expense Declaration ( Form FL-150 ) before your court date. Remember, someone else — NOT you — must serve the papers. 

• If you filed a Request for Order ( Form FL-300 ) with the box for "Court Order" and Item 4 checked, your papers MUST be served in person at least 16 days before your court date.
• If you filed a  Request for Order ( Form FL-300 ) with NO check marks on the box for "Court Order" nor on Item 4, you can probably serve your spouse or partner by mail. But if you serve by mail, you must do it at least 16 court days before the hearing plus 5 calendar days for mailing. Ask the family law facilitator if you are not sure if you can serve your papers by mail.

Get more information about “service .” Look at the front of Form FL-300 to see if the court ordered you to serve any other documents.

7. File your proof of service Have your server fill out a Proof of Service by Mail ( Form FL-335 ) (or 2, if you also had to serve the LCSA). You must then file each Proof of Service with the court. It is very important your server fills out the Proof of Service correctly. If possible, have your family law facilitator review it to make sure it was filled out properly. If the papers were served in person, your server has to fill out a Proof of Personal Service ( Form FL-330 ).

8. Go to your court hearing Go to your court hearing and take a copy of all your papers and your proofs of service.  Also take proof of your income, like recent pay stubs and/or tax returns.

Read Going to Court to find out how to prepare for your court hearing.

At your hearing, the judge will determine how much you will have to pay toward your back spousal or partner support. Remember, this amount is in addition to the regular monthly spousal or partner support payments that you were already ordered to pay.

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2005 California Code of Civil Procedure Sections 708.510-708.560 Article 6. Assignment Order

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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Wage Garnishment in California: 5 Things You Need to Know

The California court garnishes your wages for several reasons. Some of the most common reasons for wage garnishment  in California include payment of back taxes, child support, spousal support, vehicle registration, and court-ordered debt. Court-ordered debt includes judgments related to debt collection lawsuits (personal judgments).

Wage garnishment is a common legal tool creditors use to collect bad debts. However, garnishing wages can create a devastating financial burden on individuals and families. For example, if someone is living in and is on the California minimum wage of $14.00, garnishment can be debilitating.

Fortunately, you have options for stopping a wage garnishment in California.

Below are answers to frequently asked questions about wage garnishment in California. Even though there are numerous reasons your wages could be garnished, we limit the information in this article to wage garnishments for debt collection.

CA Wage Garnishment Calculator

How much can you be garnished? Take the California wage garnishment calculator below to help you find out.

Our wage garnishment calculator is a free tool available online. After entering your information, the calculator estimates the amount of your wage garnishment. You also receive a detailed analysis of your debt-relief options to stop wage garnishment, including the pros and cons of each option.

You can request additional information free of charge after reviewing the results.

Wage Garnishment Process in California

The wage garnishment process in California depends on the type of debt being collected.

For example, there are specific procedures for withholding child support and spousal support from a person’s earnings. The federal government does not need a court order to withhold up to 15% of your earnings for unpaid student loans . Likewise, the Internal Revenue Service can garnish your wages for back taxes without a court order.

However, the wage garnishment process for general creditors is different. Let’s take a look at that process in more detail.

Obtaining a Personal Judgment Against You

A creditor cannot automatically garnish your wages for an unpaid debt. First, the creditor must obtain a personal judgment against you for that debt by filing a debt collection lawsuit. Common debt collection lawsuits involve credit card debts, medical bills, personal loans, repossession or foreclosure deficiencies, and other unsecured debts.

The creditor files a complaint with the court and serves you a copy of the complaint. The complaint includes the facts of the case, a summary of the law, a description of the debt, and the amount you owe. The Summons state how long you have to respond to the lawsuit, generally 30 days.

The court sets a trial date if you file an answer or response to the lawsuit. The court schedules a default hearing if you do not respond to the lawsuit before the deadline. The creditor proves it served you with the lawsuit at the default hearing. It also offers evidence proving your debt and showing you did not pay the debt.

If the creditor’s documents are sufficient to prove you owe the debt, the court enters a default judgment. A default judgment is a court order stating that you owe a specific amount of money to the creditor.

The judge’s final order and judgment are filed with the clerk of court. The creditor may then take further legal action to collect the debt, including requesting a wage garnishment order.

Obtaining a Wage Garnishment Order

The creditor requests a writ of execution from the court. Here is an example writ of execution for California . The court attaches an earnings withholding order to the writ authorizing an employer to withhold money from your earnings to the judgment.

The garnishment packet is served on your employer. Your employer begins garnishing your wages with the first paycheck you receive after 10 days from the date of service.

In California, the levying officer (a sheriff or marshal) is the person responsible for collecting the money from the employer and sending it to the creditor. The wage garnishment order or Earnings Withholding Order provides an employer with all information necessary to begin the wage garnishment.

California places wage garnishments in a specific priority. The priority is:

• First Priority – Wage and Earnings Assignment Order for Support
• Second Priority – Earnings Withholding for Support
• Third Priority – Earnings Withholding for Taxes
• Fourth Priority – Earnings Withholding for Elder or Dependent Adult Financial Abuse
• Fifth Priority – Earnings Withholding Order

Personal judgments for medical bills, credit card debts, personal loans, and other unsecured debts fall into the fifth category. The order with the highest priority receives payment first. If the employer receives two orders with the same priority, the order received first receives priority.

Your employer must provide you with a copy of the garnishment order. You may challenge the garnishment in court, but the deadline for filing a challenge is short. You may have just 10 days after you receive the wage garnishment to ask for exemptions.

If you take no action, your employer begins deducting money from your paycheck and continues to deduct funds until the debt is paid in full.

How To Stop Wage Garnishment in California

The first defense you have to stop wage garnishment is to fight the debt collection lawsuit. Filing a response to the lawsuit allows you to argue your case before a judge. Consulting a lawyer as soon as you receive the debt collection lawsuit is the best way to understand your rights and your options for defending yourself against the lawsuit.

If the creditor obtains a wage garnishment order, there are several things you could do to stop wage garnishment in California.

File for Bankruptcy Relief

Filing for bankruptcy in California may be common option to stop a wage garnishment because many people in California cannot afford a garnishment when living check to check. Including wage garnishment bankruptcies, there were 45,831 bankruptcies filed in the year ending June 30, 2021.

Filing bankruptcy stops wage garnishment. Creditors must stop all debt collection efforts when you file a bankruptcy petition, including garnishing your wages.

Chapter 7 Bankruptcy in California

A Chapter 7 bankruptcy in California can be the most affordable option. That said, you often have to qualify for bankruptcy using the California bankruptcy means test and income limits. For example, below are the income limits for bankruptcy cases filed on or after May 15, 2022 for California. 

Please note that the income limit is an additional $9,900 per household member greater than 9,

If the underlying debt is dischargeable in bankruptcy, the creditor cannot restart the wage garnishment when you complete your Chapter 7 bankruptcy case. Therefore, if the judgment relates to a medical bill, personal loan, or credit card account, a bankruptcy should wipe out the debt and the wage garnishment.

Chapter 13 Bankruptcy in California

A Chapter 13 bankruptcy in California may help with a garnishment, but it’s often more expensive and can take 3 or 5 years to complete. 

Let’s discuss if your garnishment is not dischargeable in a Chapter 7 bankruptcy.

If your wage garnishment is for a debt not dischargeable in bankruptcy, you might want to discuss filing a Chapter 13 bankruptcy with a bankruptcy lawyer. A Chapter 13 bankruptcy can allow you to repay certain debts over five years that you cannot discharge.

Cost to file bankruptcy in California

You’re probably wondering how much it costs to file bankruptcy in California . The cost to file Chapter 7 bankruptcy is $338, and the cost to file Chapter 13 bankruptcy is $313. This is just the filing fee, and you may be able to get that waived if you are under the fee poverty guidelines for California as seen below.

That said, the Chapter 7 attorney costs in California may range from $862 - $2162 and the Chapter 13 attorney costs in California may be approximately $3300 - $4800.

Specific cities may have different attorney fee ranges. For example, the estimated attorney fee is $1,500 in San Diego and $2,000 in San Jose

Pay the Debt to the Creditor

Paying the debt in full stops the wage garnishment. However, if you cannot pay the debt in full, you might be able to negotiate with the creditor for a settlement. For example, the creditor may agree to accept a lower amount to pay off the wage garnishment if you pay the amount in one payment within 30 to 60 days.

However, if you negotiate a wage garnishment settlement with the creditor, make sure that you obtain a written agreement outlining the settlement terms before submitting payment to the creditor. It is always wise to have a lawyer review the agreement before you sign it or submit payment.

File an Exemption in California

You can request an exemption from the wage garnishment because you need the money to support yourself and your family. You must file a wage garnishment exemption form to request this relief. You can also try to use an example letter to stop wage garnishment if you have income that is protected from debt wage garnishments such as social security income.

Please note that some states allow for you to request for an exemption and other states may not allow you to apply.

How Do I File a Garnishment Exemption in California?

Let’s say you are living in Los Angeles or San Diego and have seen your rental prices sky rocket, making unable to pay the necessary living expenses for yourself and your family, the court might exempt you from a wage garnishment. However, you will not receive an exemption if you:

• Use some of your earnings to purchase luxury items or pay for luxury services that are not necessary for support
• Owe money to an attorney because of a court order in a family law case
• Owe money for past due child support or spousal support
• The debt is for wages owed to a former employee

To request an exemption, you must file a Claim of Exemption from Wage Garnishment with the levying officer (the marshal or sheriff who issued the Earnings Withholding Order). You will also need to complete and file a Financial Statement with the Claim of Exemption form.

You must explain why the wages the creditor wants to garnish from your pay should be exempt. Therefore, you need to include details about your and your family’s specific needs.

For example, if you have recurring medical bills because of an illness or medical condition, explain the situation and include proof of the recurring medical expenses. The more details you can provide, the better your chance of receiving an exemption.

The form allows you to request a total exemption. In other words, no money would be taken from your paycheck. It also allows you to propose an amount to be withheld each pay period to pay the creditor. Some individuals propose an amount they can afford to pay toward the debt that is less than the amount of the wage withholding order.

What Happens After I File a Wage Garnishment Exemption?

The creditor can agree to the Claim of Exemption by not responding to your request. If so, the sheriff tells your employer to stop withholding funds from your paycheck. However, the court schedules a hearing if the creditor opposes the exemption. You can offer evidence and witnesses at the hearing to help prove that you need the funds to support yourself and your family.

The judge has the final decision. If he grants your exemption, you receive your money back that has been withheld, and the wage garnishment stops. If the judge rules for the creditor, the wage garnishment continues.

Wage Garnishment Laws in California

How much can you be garnished? The garnishment laws vary by state. There are federal laws that govern wage garnishments too. Let’s look at the California wage garnishment laws .

California state law limits the amount of earnings that can be withheld from each paycheck. The amount is often based on your disposable earnings and the applicable minimum wage.

Maximum Wage Garnishment Amounts for Most Judgment Holders

The wage garnishment amount in California is the following:

"Calculate How Much to Withhold After you have figured out the employee’s disposable earnings and the applicable minimum wage, you can calculate how much to withhold from each paycheck. The maximum amount to withhold (if any) is the lesser of two amounts: Amount 1: 25 percent of the employee’s disposable earnings for the week; Or Amount 2: 50 percent of the difference between the employee’s disposable earnings for that week and the applicable minimum wage for that week."

Therefore, in general, an employer must calculate your disposable income AND the amount you would make if you were paid the California minimum wage. For example, the California minimum wage is $14.00.

However, some cities have established a higher minimum wage. Therefore, employers need to use the minimum wage they would pay an employee based on location and company size.

Earnings and Disposable Income

Earnings include all money paid to you by your employer for services. Your earnings subject to wage garnishment include, but might not be limited to hourly wages, salaries, overtime pay, bonuses, commissions, vacation pay, and sick pay.

After deducting the required withholding amounts, the amount remaining is your disposable earnings for the pay period. Required withholding includes:

• Federal income tax
• State income tax
• Local income tax
• Social Security
• Mandatory retirement plans

Voluntary deductions are not considered allowed withholdings for calculating disposable income. Therefore, you cannot deduct the amount you pay for health insurance, voluntary retirement accounts, or life insurance.

Limits for Other California Wage Garnishments

Other wage garnishments have different withholding rules. For example, the above figures do not apply for wage orders regarding child support. As a result, you could pay more in child support than you would have to pay a creditor for a personal judgment.

Federal law allows the U.S. Department of Education to withhold up to 15% of a person’s disposable earnings for unpaid federal student loans . However, an amount equal to 30 times the federal minimum wage is exempt from this withholding.

The Internal Revenue Service may also garnish your wages for unpaid taxes. The garnishment amount is based on your filing status and the number of dependents. The IRS provides a table for exempt income from wage garnishment.

Child support orders include wage withholding provisions. The IRS and the U.S. Department of Education do not need court orders to garnish your wages for student loans and federal taxes.

Are There Any Garnishment Exceptions Due to COVID?

Some states have enacted executive orders to help with garnishments due to COVID. Unfortunately, many of those exemptions may have expired. 

Do You Need Help With a California Wage Garnishment or Other Debt Relief?

Dealing with debt problems can be overwhelming. However, you do not need to handle it alone. We can help. Take the wage garnishment calculator to estimate your wage garnishment amount and see personalized costs to stop wage garnishment.

At Ascend, we provide free services to individuals who need debt relief. We understand that everyone’s situation is unique. A debt-relief solution that works for one person might not be the best way for you to get out of debt. We work with you to analyze your financial situation and review all debt relief options to find the best one that works for your situation.

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

• A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
• Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
• Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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What the New Overtime Rule Means for Workers

One of the basic principles of the American workplace is that a hard day’s work deserves a fair day’s pay. Simply put, every worker’s time has value. A cornerstone of that promise is the  Fair Labor Standards Act ’s (FLSA) requirement that when most workers work more than 40 hours in a week, they get paid more. The  Department of Labor ’s new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S.

Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities. Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid.

Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when: 

1. An employee is paid a salary,  

2. The salary is not less than a minimum salary threshold amount, and 

3. The employee primarily performs executive, administrative or professional duties.

While the department increased the minimum salary required for the EAP exemption from overtime pay every 5 to 9 years between 1938 and 1975, long periods between increases to the salary requirement after 1975 have caused an erosion of the real value of the salary threshold, lessening its effectiveness in helping to identify exempt EAP employees.

The department’s new overtime rule was developed based on almost 30 listening sessions across the country and the final rule was issued after reviewing over 33,000 written comments. We heard from a wide variety of members of the public who shared valuable insights to help us develop this Administration’s overtime rule, including from workers who told us: “I would love the opportunity to...be compensated for time worked beyond 40 hours, or alternately be given a raise,” and “I make around $40,000 a year and most week[s] work well over 40 hours (likely in the 45-50 range). This rule change would benefit me greatly and ensure that my time is paid for!” and “Please, I would love to be paid for the extra hours I work!”

The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA. 

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay. As these changes occur, job duties will continue to determine overtime exemption status for most salaried employees.

The rule will also increase the total annual compensation requirement for highly compensated employees (who are not entitled to overtime pay under the FLSA if certain requirements are met) from $107,432 per year to $132,964 per year on July 1, 2024, and then set it equal to $151,164 per year on Jan. 1, 2025.

Starting July 1, 2027, these earnings thresholds will be updated every three years so they keep pace with changes in worker salaries, ensuring that employers can adapt more easily because they’ll know when salary updates will happen and how they’ll be calculated.

The final rule will restore and extend the right to overtime pay to many salaried workers, including workers who historically were entitled to overtime pay under the FLSA because of their lower pay or the type of work they performed. 

We urge workers and employers to visit  our website to learn more about the final rule.

Jessica Looman is the administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at  @WHD_DOL  and  LinkedIn .  Editor's note: This blog was edited to correct a typo (changing "administrator" to "administrative.")

• Wage and Hour Division (WHD)
• Fair Labor Standards Act
• overtime rule

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