In California child support cases, there are fundamental requirements that the court must follow. These are in place to ensure that the payments are made and the child gets the financial support they need to survive and thrive.
For parents who are paying and receiving child support, it is important to know how the payments are made and if they have options. For example, wage garnishment (also referred to as a wage assignment) is required. However, some parents do not want that. Knowing what steps can be taken to avoid the wage garnishment is a first step toward making the change.
When can a wage garnishment be stopped?
Although the court is legally required to issue a wage garnishment for child support, there are circumstances when it is not necessary. The paying parent can also lodge an objection to the wage assignment.
A wage garnishment order is sent to the paying parent’s employer so it can be deducted. The parent must fill out a specific form given to them by the employer. After receiving it, the person will have 10 days to request a hearing about the wage garnishment. The form allows the person to explain to the court why they do not want the wage garnishment.
There must be a valid reason for nullifying the wage garnishment. An example is if the parents have agreed that the payments will be made directly and the local child support agency approves it.
The following factors must be in place for the wage garnishment to be canceled:
- The child’s best interests would be served
- The paying parent has been on time and made the payments in full for the prior 12 months
- The payments are up to date with no arrearages
- The garnishment is causing undue hardship
A stay of the wage garnishment is another option. This puts the garnishment on hold so the paying parent would make the payments on their own. The requirements for a stay are having made the payments on time in the past; the wage garnishment being an undue hardship; or being behind on the payments because the checks were undeliverable for six months.
For child support and other family law concerns, legal help can be key
Regardless of why the paying parent wants to remove the wage garnishment, it is imperative to know the steps to doing so. Everyone’s situation is different and knowing if there are options is key. This is true if the parents are on good terms or there is discord. For help with child support and other family law issues, it is imperative to have experienced assistance that understands all aspects of a family law case.