State law requires that child support payments be withheld from a noncustodial parent`s paycheck from the time that child support is ordered. The noncustodial parent`s earnings will be withheld unless he/she can 1) show good cause why it should not be done, or 2) has an alternative arrangement with the FSD or local child support agency and the custodial parent. (Good cause and alternative arrangements concerning earning assignments are specified in state law in Family Code Section 5260).
The employer of the noncustodial parent is served with a court order or a notice of assignment to withhold a specified amount of current support and back child support, with instructions to send the wages to the FSD or local child support agency for distribution. Once a wage assignment is served, the employer must honor it as long as the noncustodial parent remains employed.
An employer may not take more than 50 percent of the noncustodial parent`s disposable earnings unless ordered to do so by the court. The wage assignment order has priority over any other withholding order against the noncustodial parent.
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