California’s laws regarding child support are clear – both parents have an obligation to financially support their children, and there are very few exceptions. Alimony, also referred to as spousal support, is also an option in divorce cases, most often when one spouse earns less money and is considered a dependent spouse. While these two types of support can be court-ordered, what happens if the paying parent or spouse stops making their payments?

Californians who fail to meet their spousal and child support obligations may have their wages garnished. There are additional laws that dictate how wage garnishments can be handled, but garnishment is not uncommon for people who refuse to pay their court-mandated support.

Understanding How Wage Garnishment Operates

A garnishment is the process of one parent or spouse’s employer withholding a portion of their income to send directly to the dependent spouse or custodial parent through the California State Disbursement Unit. Garnishments do not exist in every alimony or child support arrangement. Divorcing spouses and co-parents can agree to alternate arrangements, and if there is an agreement between the parties, then the support payments can be made by cash or check, for example. If the party who is owed support does not agree to forego wage garnishment, it is typically required.

In cases where no agreement is made as to alternate payment arrangements, support orders will also include income withholding orders that are served on the paying parent or spouse’s employer.

Wage garnishment sometimes comes in the form of a court order, but it can also be prompted by an order from a government agency. Sources of wages subject to garnishment include:

  • Salary
  • Tips
  • Bonuses
  • Commissions
  • Retirement pay
  • Overtime
  • Gratuities
  • Vacation pay
  • Rents
  • Interests
  • Dividends
  • Patent rights
  • Royalties
  • Residuals

Overall Limits on Wage Garnishment Amounts

In many situations, the most that can be withheld from a paycheck for alimony and child support is 50% of net disposable income, which is the amount after taxes and fees are deducted. However, as much as 65% can be withheld if certain criteria are met:

  • The paying party is not supporting a spouse or child not included in the court order
  • More than 12 weeks of arrearages are due

These garnishment limits are in place to ensure the paying spouse or parent still has income to cover the costs of their living expenses while also supporting their child or dependent ex-spouse as required by court order.

What Happens If You Can’t Pay Child Support or Alimony in California?

Child support and alimony calculations are done in divorce and support cases to ensure there is a fair contribution being made by the supporting spouse or non-custodial parent. If the ordered amount is putting a strain on a party’s finances, there may be options to lower the support obligation. Without a material change in circumstances, support orders can be difficult to amend. Often, courts will reexamine an order if the paying spouse or parent’s income has changed through no fault of their own, but there are other scenarios in which a recalculation may be warranted. If you have questions about whether your life change may justify an amendment to a support order, contact Sarieh Law Offices to discuss the details.

If arrearages are owed, repayment may also be included in the court order. There is often some flexibility in the amount that is ordered to be paid toward arrearages each month. However, it’s important to note that unpaid support accrues interest in California at the rate of 10% per year. Paying off arrearages sooner rather than later is recommended, not only because of the interest rate but also because support might also be sought by:

  • Withholding money from tax returns
  • Placing a lien on real estate property
  • Suspending the paying party’s driver’s license
  • Taking money directly from bank accounts

There are steps that can be taken to request support or arrearage payments be lowered if legitimate reasons exist for the adjustment.

Contact a Certified Family Law Specialist in California

Alimony, child support, arrearages, and wage garnishments are complex processes that require assistance from an experienced and knowledgeable family law attorney. Contact Sarieh Law Offices to schedule a free case evaluation with our Certified Family Law Specialist.