Child Support Garnishment: Collecting at the Source

Child support garnishment is a critical aspect of family law, especially for W-2 employees.

Child support ensures financial stability for children by providing essential resources for their basic needs, such as food, clothing, and shelter. California courts consider a range of factors when making child support orders, including the income of both parents, the number of children involved, the time each parent spends with the children, and additional expenses, such as healthcare, education, and special needs of the children.

Where there are concerns about the support payor’s compliance with voluntary payment arrangements, wage garnishment offers protection to the recipient.

What is Wage Garnishment?

Also known as wage attachment, wage garnishment is a mechanism designed to ensure that the financial needs of a child are met consistently, by collecting support at the source: right from the payor’s paycheck.

When entering wage garnishment orders, courts will issue an Income Withholding Order to the payor’s employer, who must then withhold a specified amount directly from the employee's paycheck and send those withheld wages to California's State Disbursement Unit (SDU). The SDU is then responsible for forwarding the funds to the receiving parent, ensuring regularity in disbursements and minimizing non-compliance.

In some instances, income withholding for child support payments is automatically set up when the child support order is initially established. In other cases, courts may enter garnishment orders in response to the payor failing to comply with, or falling behind, on child support payments.

Garnishment Limits and Contesting Orders

Typically, 50% of disposable income can be garnished for child support, but that number can vary depending on factors including support arrears (if any), other support obligations, etc.

Employers will usually provide employees with a Request for Hearing form prior to garnishing wages. The payor can use this form to contest the garnishment under specific circumstances.

Priority and Taxation of Garnishments

Child support garnishments take priority over all other types of debt garnishments, ensuring that child support payments are deducted before any other debts are addressed. For example, civil judgments - and even spousal support payments - come after child support payments in garnishment priority.

Child support payments - and, therefore, related garnished wages - are not tax-deductible for the payor. Accordingly, however, child support payments aren’t taxable income for the recipient. This tax treatment stands in contrast to spousal support payments, which, under certain conditions and in specific circumstances, can have different tax implications. Child support is strictly considered a non-deductible personal expense.

Adjusting Support Orders

If a payor cannot afford the wage garnishment or their financial circumstances otherwise change, remedies may be available, including:

1. Contesting the Garnishment: a parent can contest a garnishment by filling out the "Request for Hearing" form provided by their employer. Reasons to contest garnishments include factors such as mistaken identity, alternative payment arrangements with the receiving parent, or financial hardship.

2. Modifying Support or Garnishment Orders: a parent can approach the court for a modification of the child support order if there has been a significant change in their financial circumstance since the original child support order was issued. This could include unforeseen financial problems or changes in income. Evidence of the change in circumstances, such as bank statements, bills, and a detailed account of income and expenses, is typically required. The court may adjust the garnishment amount if it finds the reasons to be valid and substantiated.

Upon receiving a child support order, immediate compliance is essential to avoid legal complications and garnishments. If you are owed child support or if your wages are being garnished, please contact Shayan Family Law, APC to schedule a consultation.