Wage Garnishment

Child & Spousal Support Lawyer- Irvine, Costa Mesa, Newport Beach, Mission Viejo, Laguna Beach, San Juan Capistrano

Garnishment of Wages:

When a party has an obligation to pay child or spousal support, they must legally pay the monthly support amount to the other party. The amount can be paid directly by the obligor to the obligee, or the party that is to receive the support may elect to have the paying party’s wages garnished. The party seeking to have wages garnished must file a Notice of Wage Withholding Order with the court.  For child support, the court will always file the Order.  For spousal support, the party seeking the garnishment must typically seek the court’s permission for the withholding order prior to sending the same for filing.  Once the Withholding Order is filed, the party seeking the wage garnishment will then serve the obligor party’s employer with the Order.  The employer then has 10 days to comply with the Order and initiate the wage garnishment.   

For example, in a case where Father is owed child support from Mother, Father may obtain a withholding order to garnish Mother’s paycheck from her place of employment in order to secure future payments of child support. The Mother’s place of employment would then ensure the Father is paid the correct amount of child support during each of Mother’s pay periods.  If Father is owed spousal support from Mother, Father may request during the court proceeding that the court order Mother’s wages garnished.  If the court grants the request, Father is then free to file his Notice of Wage Withholding Order. 

For more information on collecting child and spousal support, click here.