California Stay of Service of Earnings, Assignment, and Order

Call the Creditor There is nothing lost in trying to talk to the creditor and work out a different arrangement to repay the debt back. File an Exemption In California you may be able to stop the Wage Garnishment through filing an exemption.

The journal entry will be Debit Gross Wages, and Credit "Child Support Liability account." When you write the check to pay the garnishment, on the Expenses tab, you list the Child Support Liability account.

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.

Usually, court-ordered child support ends when the child turns 18 years old if he or she graduates from high school. If your 18-year-old child is still a full-time high school student and still lives with a parent, child support ends when your child graduates or turns 19, whichever occurs first.

If you do NOT want your wages garnished. Asking that the wage assignment be quashed ("set aside" or "canceled") If you disagree with the amount on the wage assignment. Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Get your court date.

You can only garnish wages if you have a court judgment entered on your behalf by a judge. If you have a contract with someone and the other party stops paying on the contract, you cannot immediately bring an action for wage garnishment. Instead, you must sue for breach of contract and get a judgment in your favor.

COAP is a California program designed to help you reduce the child support debt you owe to the government. If you qualify for this program you will be allowed to pay off your debt for less than the full amount owed. You may qualify for this program if: You owe the government at least $501 in child support arrears.

Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.

Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears.Back pay does accrue interest but, in some cases, you may not have to pay all of it. You can request a manageable payment schedule.