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What is Wage Withholding?

What is Wage Withholding?
Wage Withholding was designed and required by both California and the Federal Government to ensure prompt payment of child support. All court orders regarding child support allow for a wage assignment to automatically deduct court-ordered child support from the non-custodial parent.

A notice of Wage Earning Assignment is given to the employer so that a specified monthly amount is sent to the Court Trustee for payment to the custodial parent. Employers are also required to honor out-of-state wage assignment orders under the Uniform Interstate Family Support Act of 1998. If the employer fails to honor the wage assignment then the Obligee parent is entitled to take action against the employer.

A wage assignment may be issued by the Court and signed by a Judge, or, issued from the Department of Child Support Services. The obligor parent can request a court hearing if he/she wishes to stop or modify the wage assignment. Sometimes, attorney's fees and other charges are deemed to be child support and, as such, can also be levied by way of wage assignment.

If you don't owe the money, don't just ignore the assignment. You must take action to have the assignment stopped.

©2005 Damian Nolan, Attorney at Law

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