Wage Assignment Order California

Process. If you owe back alimony, your former spouse can garnishee your Social Security retirement benefits by obtaining a judgment against you for the debt and a court order for garnishment.

An ex-spouse's failure to pay court-ordered alimony payments can have considerable legal consequences in California.If your ex-spouse still does not comply with the alimony order and make payments as scheduled, a judge can hold your ex in contempt of court, and in some cases, even order jail time.

The most common answer to the question asked above is no; an increase in your income does not mean that you will have to pay more in alimony. The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer.

If your judgment is for child or spousal support, you can garnish up to 50% of the debtor's take-home pay (55% if the debtor is 12 or more weeks in arrears). If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of the wages (65% if the debtor is 12 or more weeks in arrears).

No assignment of wages is valid in California unless certain conditions are met. In addition, only a certain percentage of an employee's disposable wages can be withheld from each paycheck. Unlike a garnishment order, which is required to be honored by law, an employer has no obligation to honor an assignment.

For spousal support to be enforceable under California law, a judgment must first be entered by the court. Spousal support judgments can be obtained by stipulation, which is the written consent of both parties who agree to its terms, or decided by a judge when a mutual agreement cannot be reached.

In every case ordering spousal or partner support, the court will order that an earnings assignment (also called wage garnishment) be issued and served. The earnings assignment tells the employer of the person ordered to pay support to take the support payments out that person's wages.

A refusal to pay spousal support is essentially a violation of court orders. To remedy this, courts have a substantial amount of discretion when it comes to punishments. A judge might impose a fine on your former spouse or even order jail time if he or she continues to disobey the court order.