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Collecting a Child Support Order. After the court decides the amount of child or spousal support, the wage assignment tells the employer how much to deduct from each paycheck and where to send the payment. Spousal or partner support assignments come after child support wage assignments. If the local child support agency (LCSA) is involved, the LCSA will automatically issue a wage assignment and begin collecting from the other parent's employer. If the LCSA is NOT involved in your case and if the court clerk or staff has not prepared an order and wage assignment after the child support hearing, you will have to prepare the wage assignment yourself. After your court hearing and the judge's order about support, fill out your court foms.
Fill out: Findings and Order After Hearing (Form FL- 3. On page 2 of Form FL- 1. SDU's address (available on their website) on the line that says . Have your forms reviewed Ask your court's family law facilitator to review your paperwork. The facilitator can make sure you filled it out properly before you move ahead with your case.
Make at least 2 copies of all your forms One copy will be for you; another copy will be for your child’s other parent. The original is for the court.
If the LCSA is involved in your case, make 3 copies. Exception: Make an extra copy of the Income Withholding for Support (Form FL- 1. Turn in your forms to the clerk to get the judge’s signature. Give your Findings and Order After Hearing (Form FL- 3. Income Withholding for Support (Form FL- 1.
The clerk will give them to the judge for him or her to sign. Pick up your forms after the judge signs them. The judge will sign your Findings and Order After Hearing and will issue your wage assignment.
File your order and your wage assignment. If your forms are not already filed (stamped “Filed” by the clerk), turn them in to the clerk to have them stamped. The clerk will keep the original and return the copies to you. Serve the wage assignment on the other parent's employer Have someone 1. NOT you, mail a copy of the Income Withholding for Support (Form FL- 1. Jewish Dating Service For 50.
BLANK copy of the Request for Hearing Regarding Earnings Assignment (Form FL- 4. Serve a copy of the child support order and the wage assignment on the other parent. Have someone 1. 8 or older, NOT you, mail a copy of the Findings and Order After Hearing and one of the copies of the wage assignment, to the other parent. Have the server fill out the proofs of service. Have the person who mails the wage assignment to the employer and the order and assignment to the other parent, complete 2 Proof of Service by Mail (Form FL- 3. File your proofs of service.
Take both proofs of service and file them with the court clerk. Keep a copy for yourself. If you need help with any of these forms, talk to your family law facilitator. Once the wage assignment is served on the employer, the employer has 1. If the local child support agency is involved in your case, the wage assignment is sent to the employer within 1. LCSA finds the employer.
The employer must deduct the support from the wages and send it to the State Disbursement Unit (SDU) within 1. With a wage assignment that includes child support, employers must send the payments withheld to the California State Disbursement Unit (SDU). If after a reasonable time you still do not get the payments, there may be other legal steps you can take, like taking the employer to court. When an employer does not withhold the support amount from an employee's wages after a valid wage assignment, the law says the employer could be responsible for the support payments as well. This should be your last resort. Talk to your family law facilitator for help.
If you have trouble with the employer making the deductions for the wage assignment, you may want to open a case with the local child support agency. Their services are free of charge.
In every case ordering child or spousal/partner support, the court will issue a wage assignment. But, in some cases, you can ask the judge to let you arrange for payment between the 2 of you instead of going through a wage assignment. To do this: Fill out the Stay of Service of Earnings Assignment Order (Form FL- 4. Then turn it in to the court for the judge to sign. In some cases, you may have a court hearing for the judge to make the decision.
Once the court signs the order, serve the wage assignment on the employer. The employer will begin taking the support payments out of the person's wages.