Wage garnishment allows an individual’s earnings to be withheld by an employer for the payment of a debt such as a child support.
According to the California Code, Family Code section 5206, earnings include:
Yes, there is a maximum wage amount that can be subject to garnishment. Under the Consumer Credit Protection Act’s Tile III, the maximum allowable garnishment from disposable earnings cannot exceed 50% if the worker is supporting another spouse or child, or up to 60% if the worker is not. Furthermore, an additional 5% may be garnished for support payments more than 12 weeks in debt.
Wage garnishment goes into effect immediately after the court order is finalized.
No, under the Consumer Credit Protection Act, an employer is prohibited from firing an employee whose earnings are subject to garnishment for any one debt.
Not paying child support can lead to serious consequences, including being in contempt of court, which may lead to jail time.
It is important to ask the court to change the child support amount should an individual lose their job or any other important change that decreases an individual’s income.
If you or someone you know is subject to wage garnishment and have further issues and/or questions, please contact us at 310.943.1171 for a free consultation. Our attorneys will evaluate the details of your matter and let you know what to expect and how you can proceed.
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