Support Earning Assignment
You will get a support earning assignment after a court makes an order for spousal or partner support. Your former spouse or domestic partner must start making support payments to you. The court order will include a start date for the spousal or partner support.
My spouse is not paying. I’m not getting my spousal support. Can I get my spouse’s employer to pay?
In every case ordering spousal or partner support, the court will order a support earning assignment (also called “wage garnishment”) be issued and served. This assignment informs the employer of the person ordered to pay support to take the support payments out that person’s wages. A wage garnishment tells the employer how much to deduct from each paycheck and where to send the payment. With this garnishment, if the spouse/partner ordered to pay support is regularly employed, the employer will take support payments directly out of his or her 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 your former spouse or partner also has a child support earnings assignment in place, child support is deducted first. Spousal or partner support assignments come after child support earnings assignments.
Wage Garnishment Form
The following links is the form used by all courts in California to make a support earning assignment.
File Download (PDF File): fl435 – support earning assignment
Click on the following link for more information on wage garnishment.
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For more information on a wage garnishment, click on one of the following links:
California Spousal Support Declaration
California Support Modification
California Prenuptial Agreement
Duty To Become Self Supporting
California Attorney Edward Misleh