Wage Garnishment
Wage garnishment is a legal process that requires an employer to withhold part of an employee’s earnings to pay a debt or other obligation. The employee receives the remaining pay. For an ordinary court judgment, the employer sends the withheld money through the sheriff rather than directly to the person collecting the debt.
In California Family Law
People often use “wage garnishment” to describe payments taken from a paycheck for child support or spousal support. The paperwork may call this an income withholding order or an earnings assignment. It can collect ongoing support as well as overdue support, known as arrears.
For example, if a parent owes unpaid child support, the order may direct the employer to deduct an amount toward that balance along with current support. A support deduction can also start before any payments have been missed.
Support withholding and ordinary debt garnishment have different rules, including limits on how much can be taken. Support orders generally take priority over ordinary debt garnishments. The word “garnishment” alone does not tell you which rules apply; the type of obligation and the actual order matter.
See Wage Withholding for the support payment process. California Courts also explains garnishment to collect a civil judgment.
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