What is a garnishment order for child support?
A garnishment order for child support is a legal document used by the court in California to take money from wages, bank accounts, state and federal tax refunds, or other sources of income to pay child support. When the court orders a garnishment, the garnishee—the person who owes the money—is usually required to pay a portion of the garnishee’s income directly to the person receiving support, in this case the custodial parent or guardian. In California, there are several types of garnishments that can be used to collect child support, including wage assignment, bank levy, and lien. The wage assignment is the most common form of garnishment and it requires the employer of the person responsible for paying child support to deduct a portion of their wages and send it directly to the payee. The bank levy allows the court to attach the person’s bank account in order to collect child support, while the lien is a court-ordered document that prevents the person owing support from selling or mortgaging assets until the child support is paid. In order to issue a garnishment order for child support, the court must determine that the person owing support is at least three months behind. It is important to note that, in California, a garnishment order can be issued without a formal hearing if the custodial parent or guardian accepts the terms of the order. If the person owing support fails to comply with the terms of the garnishment order, they can face serious legal consequences, such as jail time, fines, or other consequences.
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