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Lenders get a wage garnishment by taking the borrower to court. Wage assignments do not go through the courts. Instead, the lender just sends the borrower a notice begins taking a portion of their wages.
If the court finds that someone has the ability to pay support but is willfully not paying it, it can find that the person ordered to pay support is in contempt of court. Being in contempt of court could mean jail time for the person who is not paying the child support.
Get form EJ-100 and fill it out. File it with the court and send a copy to the debtor. Keep a copy for your records. Notify the levying officer (i.e., the sheriffs department) that the judgment has been paid and ask them to release the garnishment.
California Wage Garnishment for Child Support If you owe money to support a child, then as much as 65% of your disposable earnings can be deducted. Up to 60% of your wages can be garnished for child support, but there is an additional 5% penalty that can be applied if you have missed payments for more than 12 weeks.
If you dont 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.
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In California, back child support over two years past due or in excess of $10,000 is considered a felony and can lead to a maximum sentence of two years in prison.
Failure to pay spousal support, or alimony, can lead to the person having their drivers license suspended; they could also be held in contempt of court and ultimately end up paying more, among other things. Anytime a court orders someone to pay money to their spouse, it is usually through regular installments.
An earnings assignmentalso known as wage garnishmentis a legal document that requires your exs employer to pay you spousal support before giving them their take-home pay. This type of enforcement is automatically available to every California divorce.
No assignment of wages is valid in California unless certain conditions are met. In addition, only a certain percentage of an employees 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.
Payments should be paid on the specified dates in the specified amount. Failure to follow a child support order can have negative legal consequences. If a parent misses one or more child support payments, the court may issue a warrant for the arrest of that parent.

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