Wage Assignments in Los Angeles
Warren R. Shiell, Esq., Attorney at law
www.la-familylaw.com


What is a wage assignment?

A wage assignment, also called an Order/ Notice to Withhold Income for Child Support, requires an employer to make a deduction from a parent's paycheck to pay child, spousal and/ or medical support. The amount of the wage assignment is based on the most recent court order; however, the amount can be increased if the past due support grows.

Why do I have a wage assignment?

Federal and state laws require a wage assignment in almost every case where there is a child support order. Wage assignments are ordered, even if payments are currently being made. A wage assignment helps children get their child support on time. Wage assignments can also help you by providing a payment record.

How long will it last?

Wage assignments continue until there is no longer any child support or arrears owed.

Can I be fired?

No. It is against the law for an employer to fire an employee because the employee has a wage assignment. If you think this has happened, you may want to speak to an attorney.

Is my employer required to follow a wage assignment?

Yes. A wage assignment is a legal document served on your employer. If the employer does not follow it, your employer can be held in contempt of court.

What if my employer is deducting payments but I am not receiving credits?

Your employer has been given instructions for processing wage assignments. Although your employer is required to deduct and send payments on your behalf, you are responsible for making sure that your payments get to the local child support agency in a timely manner. Check your child support statements and keep your pay stubs to make sure you are receiving proper credit. If there is a problem, contact your local child support agency immediately.

How much can be take from my paycheck?

Generally, up to 50 percent of your net wages can be taken for child support, but in special circumstances, up to 65 percent. If the total of your support order is more than 50 percent of your net income, your full support obligation will not be covered.

You are responsible for paying the difference. If your support order is more than 50 percent of your net income, it is possible that you are eligible for a change in your child support order. Ask the local child support agency to review your case for a modification of the child support order.

What if change jobs?

You must notify the local child support agency every time you change jobs. You must also notify the local child support agency if you become unemployed. Even if you are not working, you are still required to make payments every month. You should immediately contact the local child support agency about modifying your child support.

Some important points!

• Your employer is only allowed to charge up to $1.50 administrative fee for each deduction.
• You can dispute the amount owed by filing papers at any time.
• You have 10 days from the date you receive a copy of the wage assignment to dispute the amount before the withholding occurs.
• Once the child support payments are received by your employer it should be sent to the custodial party within 2 business days.
• Not paying child support can result in criminal penalties. If you intentionally quit your job to avoid paying support, you may be held in contempt of court.

Information

http//cssd.lacounty.gov
www.childsup.ca.gov
Telephone number of DCSS: 1-866-249-0773

© 2007 Warren R. Shiell. All rights reserved. The information contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when this office agrees to represent a Client and a Client signs a written retainer agreement.