Securing a support order for a client in a family law case is definitely a victory, but it's just the beginning of the journey. One key aspect to understand is how earnings assignment orders work—these are the unsung heroes that ensure support payments flow smoothly.

So, what exactly is an earnings assignment order? In California, when a court orders support or a modification of support, it must also issue this order. Sometimes called a “wage assignment,” it directs the obligor's employer to deduct the support directly from their paycheck. Think of it as a guaranteed way to keep support payments on track. Once the order is properly served, it's binding on the current and future employers of the support obligor. (Fam. Code, § 5230 & § 5231).

Here's a quick breakdown of the process:

1. Obtaining the Order: Employers are required to send all earnings withheld for child support—whether from private arrangements or enforced by child support agencies—to the State Disbursement Unit (SDU). For spousal support, it’s a bit more nuanced. If it’s included with child support on the Income Withholding for Support (Judicial Council Form FL-195), great. Otherwise, you’ll need the Earnings Assignment Order for Spousal or Partner Support (Judicial Council FL-435) to ensure it’s processed directly by the obligor’s employer. Need more info? Check out the SDU's resources on the Department of Child Support Services website: SDU Website.

2. Simplifying the Process: To avoid the hassle of reissuing orders every time a support obligor switches jobs, some savvy practitioners use a generic order addressed to “any employer” of the obligor. This approach can save a lot of legwork as long as the support amounts and recipient's address remain unchanged.

3. Understanding Stays: While earnings assignment orders are a must, there are instances where their service can be stayed—either by request or stipulation. (Fam. Code, § 5260, subd. (a)). To request a stay, you’ll use the Stay of Service of Earnings Assignment Order form (Judicial Council Form FL-455).

4. Criteria for a Stay: Good cause for staying a wage assignment includes:

• A written court explanation showing the stay serves the child’s best interests.
• The obligor’s history of full and timely payments over the last year.
• No arrears for prior support.
• Clear and convincing evidence that a wage assignment would cause extraordinary hardship.

Remember, “timely payment” means support payments should be received within 5 days of the due date. (Fam. Code, § 5220).

Even if good cause is shown, the court should set an end date for the stay whenever possible. If good cause isn't found, an alternative arrangement may still be considered, as long as there’s a written agreement with the local child support agency’s approval. (Fam. Code, § 5260, subd. (b)(2)).

5. What Happens During a Stay: If a stay is granted, the obligor must make timely payments directly to the support recipient. The stay will end if the obligor misses payments and the obligee files a declaration of arrears. (Fam. Code, § 5261).

Note: Stays are not allowed for foreign support orders or foreign wage assignments registered under Family Code sections 5700.601–5700.616. (Fam. Code, § 5260, subd. (a)).

How M.C. Law, P.C. Can Help

At M.C. Law, P.C., we understand that navigating family law matters can be complex and challenging. Our team is dedicated to ensuring that every aspect of your support order is handled efficiently and effectively. Whether it's securing an earnings assignment order, managing stays, or addressing any other support-related concerns, we're here to provide the expert guidance you need.

With our commitment to your case, you can trust that we're not just navigating the legalities—we're also supporting your journey every step of the way. Contact us to learn more about how we can assist you in achieving the best outcomes for your family law matters.