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You are here: Families & Children > Enforcement of Judgment > Child and Spousal/Partner Support Orders > I'm ordered to pay support. What next?
How will the employer know how much money to take out of the paycheck to pay the court-ordered support?
What if the person ordered to pay child support has other wage assignments?
I am ordered to pay support and my employer let me know that my wages are going to be garnished. Is there anything I can do?
What can I do if I do not agree with the amount on the wage assignment?
My driver’s license (or professional license) has been suspended. How can I get it back?
What if my employer threatens to fire me because of a wage assignment?
The parent who is supposed to pay support is in jail. Do they still have to pay support?
How do I stop them from taking half my paycheck?
How do I stop my employer from taking child support out of my paycheck when my child turns 18?
How will the employer know how much money to take out of the paycheck to pay the court-ordered support?
After the court decides the amount of child and/or spousal support, the wage assignment tells the employer how much to deduct from each paycheck and where to send the payment.
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What if the person ordered to pay child support has other wage assignments?
Child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.
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I am ordered to pay support and my employer let me know that my wages are going to be garnished. Is there anything I can do?
Maybe. In some cases, you may be able to get a “stay” of the service of the wage assignment, which means that the wage assignment would not be send to your employer and you would be able to pay on your own. Read the Stay of Service of Earnings Assignment Order (form FL-455) for more information on the reasons you can request a stay.
The reasons you can ask for a “stay” of the service of the wage assignment are:
- if you have a history of making payments on time,
- if the wage assignments would cause an undue hardship or
- if the reason you are behind is that your checks to the other person have been undeliverable for 6 months.
If you ask for, and get, a stay, it is very important you keep good records of all the payments you make, in case there are any issues in the future.
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What can I do if I do not agree with the amount on the wage assignment?
Your employer will give you a blank Request for Hearing on Wage Assignment (Form FL-450). You have 10 days from when you receive this form to ask for a hearing on the wage assignment. On the form, you will have a chance to explain why you think the amount on the wage assignment is wrong. When you go to court, the judge will make a decision.
Remember that this is not the form you use to ask for a change in your child support. It is used only because you believe that the amount that will be taken from your paycheck is the wrong amount. If you want to change the amount of child support you have to pay, click here.
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My driver’s license (or professional license) has been suspended. How can I get it back?
If you do not pay court-ordered child support, your license can be suspended. To get your license back, contact the Local Child Support Agency (LCSA). Click here to find your LCSA.
If that doesn’t work, you can ask the Judge to order the Local Child Support Agency to give you your license back. But, you will probably have to set up a payment plan to get and keep your license.
To ask the court to release your license, file a Notice of Motion for Judicial Review of License Denial (Form FL-670). Filing this form does NOT change how much child support you must pay. Click here for more information on changing your support order.
You can also talk to the Family Law Facilitator in your county for help. Click here to find your Family Law Facilitator.
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What if my employer threatens to fire me because of a wage assignment?
It is illegal for any employer to discriminate, retaliate or fire an employee because of the existence of a wage assignment. If you believe your employer is discriminating against you or let you go only because of the wage assignment, talk to a lawyer or your family law facilitator. Click here to find your family law facilitator. Click here to find a lawyer.
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The parent who is supposed to pay support is in jail. Do they still have to pay support?
Yes. But, support will be nearly impossible to collect, unless the person in jail has assets or other income.
An incarcerated person must take action to change the child support while s/he is incarcerated. If not, past due child support will continue to grow and that person will have to pay the past due support when released.
A person who goes to jail should contact the county Local Child Support Agency to modify the support order if they are involved in the case.
If the LCSA is not involved, the person ordered to pay support should contact the Family Law Facilitator for help stopping the support while incarcerated. Click here to find your Family Law Facilitator.
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How do I stop them from taking half my paycheck?
If your employer is deducting 50% or more of your check, you may have an arrears (past due child support) balance. First, contact the Local Child Support Agency (LCSA) to see if you can make other arrangements. If that does not work, you can file court forms to ask a judge to set a payment that you can afford.
Talk to your Family Law Facilitator to learn what court forms would be best in your case. Click here to find your Family Law Facilitator.
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How do I stop my employer from taking child support out of my paycheck when my child turns 18?You must file papers in court and get a court date to ask the Court to stop taking money out of your pay. If the Court approves, the Judge will sign a new wage withholding order for $0 or will give you a court order ending the wage assignment. You can take this to your employer. Click here for more information on changing your support order.
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Last modified: 03/17/2008
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