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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

  • A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
  • Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
  • Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Assignment: What it Means, How it Works

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What Is a Wage Assignment?

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Wage assignments may be either voluntary or involuntary, depending on the situation.

Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

A wage assignment is typically a last resort of a lender to receive repayment from a borrower who has previously failed to pay a debt obligation. A wage assignment, when involuntary, may also be referred to as wage garnishment and requires a court order.

How Wage Assignment Works

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Wage assignments can be divided into two categories: voluntary and involuntary. Employees may sometimes opt for a voluntarily wage assignment to pay for things like union dues or to contribute to a retirement fund.

Key Takeaways

  • A wage assignment take funds directly from an employee's paycheck to pay back a debt. 
  • Wage assignments may be either voluntary or involuntary.
  • A wage assignment, when involuntary, may also be referred to as wage garnishment and requires a court order.  

Employees may even voluntarily opt into a wage assignment plan as a part of a payday loan repayment promise.

When a wage assignment is either undertaken voluntarily or mandated by a court and served to an employer, it is processed as part of an employer's payroll procedure. The employee has to do nothing, as their paycheck is decreased by the amount of the assignment, and noted on their pay stub.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices .  

Wage Assignment: Voluntary

In a voluntary wage assignment, a worker asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include in their terms a voluntary wage assignment clause should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Such a lender may begin a wage assignment without a court order. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee's signature must be notarized, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Wage Assignment: Involuntary

Involuntary wage assignments require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Involuntary wage assignments may also be used to collect unpaid court fines or student loans that have been defaulted on.  

Special Considerations

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ." Accessed Aug. 17, 2021.

State of West Virginia, Division of Labor. " Rules for Employee Wage Assignments ," Page 1. Accessed Aug. 17, 2021.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ." Accessed Aug. 17, 2021.

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Wage Assignments and Garnishments: What Finance Leaders Need to Know

Jennifer S Kiesewetter Esq

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Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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Wage assignment and employers’ responsibilities

Business Management Daily Editors

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer.

Must we honor a payday loan wage assignment?

Q. An employee borrowed money from a payday loan service at a very high interest rate that I feel is unfair. The payday loan service sent me a “wage assignment” notice and told me that our company must withhold money from his paychecks.  What is a wage assignment, and does our company actually have to honor it? A. A wage assignment is a document that allows a creditor to attach part of the employee’s wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a court proceeding before requesting payment. Under the Illinois Wage Assignment Act (740 ILCS 170), private employers are obligated to honor a creditor’s properly served demand for a valid wage assignment, unless an employee presents a timely, valid , written defense to the wage assignment.

What constitutes a valid assignment?

Q. How can I tell if a wage assignment is valid? How long is it valid? A. A valid wage assignment document must have the words “Wage Assignment” printed or written in boldface letters of not less than ¼ inch in height at the head of the wage assignment and one inch above or below the line where the employee signs the assignment. The employee must have signed the document in person, and the document must show the date of execution, the employee’s Social Security number, the name of the employer at the time of execution, the amount of money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential to be paid, if any, and the date on which such payments are due. A wage assignment is valid for no more than three years after the employee signs it and the employer’s name appears on it. If the employee changes jobs, the wage assignment is valid for two years, even though the new employer’s name does not appear on the assignment.

Handling wage assignments

Q. How does the wage assignment process start? A. Assuming that the wage assignment document complies with the formal requirements, the creditor must serve “demand to withhold” on the employer. The demand is valid only if:

The employee has defaulted on the debt secured by the assignment for more than 40 days, and the default has continued to the date of the demand.

The demand contains a correct statement of the amount the employee is in default, and the creditor provides an original or a photocopy of the assignment to the employer.

The creditor has served a “notice of intention to make the demand” upon the employee, with a copy to the employer, by registered or certified mail not less than 20 days before serving the demand.

Putting on the brakes

Q. Can an employee stop the wage assignment process? A. The employee does have a right to contest the demand. If an employee has a legal defense to the wage assignment, the employee may—within 20 days after receiving a notice of demand or within five days after the employer is served with the demand—notify the employer, in writing, of any defense to the wage assignment and send a copy of the written defense to the creditor by registered or certified mail.   As a result, the employee’s wages are not subject to a demand served by the creditor unless the employer receives a copy of a subsequent written agreement between the creditor and the employee authorizing such payments. Similarly, if the creditor receives a copy of the defense prior to serving its demand upon the employer, the creditor may not serve the demand upon the employer.  Whether the employee’s defense is legally valid is not an issue the employer must resolve. Instead, the employee and the creditor may attempt to reach another agreement or the creditor may simply bring a separate lawsuit against the employee to collect an outstanding debt. 

HR Forms D

Calculating the wage assignment payment

Q. How much must the employer withhold—and when? A. The employer must begin payment to the creditor no sooner than five business days after service of such a demand.  The employer must withhold the lesser of:

15% of weekly gross wages

The amount by which the disposable earnings for a week (pay remaining after federal and state taxes, Social Security deductions and any other amounts required by law to be withheld, including required retirement contributions) exceed 45 times the federal minimum wage, unless a notice of defense is received within that five-day period.

The employer shall be paid a fee of $12 for each wage assignment. That $12 is credited against the debt.

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Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary" wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Difference between Wage Assignments and Wage Garnishment Orders

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment" provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

To enforce a wage assignment, no court process is involved. That’s the nature of the provision. It says no court process need be involved and authorizes the creditor to skip the time and expense of court and go straight to the employer. It also, of necessity, eliminates the debtor’s opportunity to challenge the debt in court or seek limitations on the garnishment.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments," are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

The typical wage assignment provision allows the employer to take the employee’s future wages as security for the debt involved. In the event of default or nonpayment, it authorizes the creditor to go straight to the employer with a demand for wage garnishment, no court filing or judgment required.

Considering these wage assignments as “voluntarily" is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

Nonetheless, unlike a court order, they do have a voluntary component in that the borrower chose to obtain the credit and afterwards to use it to buy goods or services or receive cash.

Federal Garnishment Law Does Not Protect Wage Assignments

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings" or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

The definition of “disposable earnings" is key to the determination of the maximum allowed garnishment. “Disposable earnings" means earnings after reduction for legally-required deductions like federal, state and local taxes, the employee’s share of State Unemployment Insurance and Social Security, and Worker’s Compensation.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Still others require the written consent of both spouses, or the execution of an entirely separate document addressing the assignment (so as to prohibit it from being buried in the fine print). In all cases, the employer need not comply with an illegal wage assignment, and often would be legally liable for doing so.

Needless to say, the field of voluntary wage assignments is a complicated one. Consulting with an experienced labor and employment, debtor-creditor, and/or consumer counsel is an important part of properly navigating this area of employment.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

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WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA)

Revised October 2020

This fact sheet provides general information concerning the CCPA’s limits on the amount that employers may withhold from a person’s earnings in response to a garnishment order, and the CCPA’s protection from termination because of garnishment for any single debt.

Wage Garnishments

A wage garnishment is any legal or equitable procedure through which some portion of a person’s earnings is required to be withheld for the payment of a debt. Most garnishments are made by court order. Other types of legal or equitable procedures for garnishment include IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed to the federal government.

Wage garnishments do not include voluntary wage assignments – that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors.

Title III of the CCPA’s Limitations on Wage Garnishments

Title III of the CCPA (Title III) limits the amount of an individual’s earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. The U.S. Department of Labor’s Wage and Hour Division administers Title III, which applies in all 50 states, the District of Columbia, and all U.S. territories and possessions. Title III protects everyone who receives personal earnings.

The Wage and Hour Division has authority with regard to questions relating to the amount garnished or termination. Other questions relating to garnishment should be directed to the court or agency initiating the garnishment action. For example, questions regarding the priority given to certain garnishments over others are not matters covered by Title III and may be referred to the court or agency initiating the action. The CCPA contains no provisions controlling the priorities of garnishments, which are determined by state or other federal laws. However, in no event may the amount of any individual’s disposable earnings that may be garnished exceed the percentages specified in the CCPA.

Definition of Earnings

The CCPA defines earnings as compensation paid or payable for personal services , including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program. Payments from an employment-based disability plan are also earnings.

Earnings may include payments received in lump sums , including:

  • commissions;
  • discretionary and nondiscretionary bonuses;
  • productivity or performance bonuses;
  • profit sharing;
  • referral and sign-on bonuses;
  • moving or relocation incentive payments;
  • attendance, safety, and cash service awards;
  • retroactive merit increases;
  • payment for working during a holiday;
  • workers’ compensation payments for wage replacement, whether paid periodically or in a lump sum;
  • termination pay ( e.g. , payment of last wages, as well as any outstanding accrued benefits);
  • severance pay; and,
  • back and front pay payments from insurance settlements.

In determining whether certain lump-sum payments are earnings under the CCPA, the central inquiry is whether the employer paid the amount in question for the employee’s services .If the lump-sum payment is made in exchange for personal services rendered, then like payments received periodically, it will be subject to the CCPA’s garnishment limitations. Conversely, lump-sum payments that are unrelated to personal services rendered are not earnings under the CCPA.

For employees who receive tips, the cash wages paid directly by the employer and the amount of any tip credit claimed by the employer under federal or state law are earnings for the purposes of the wage garnishment law. Tips received in excess of the tip credit amount or in excess of the wages paid directly by the employer (if no tip credit is claimed or allowed) are not earnings for purposes of the CCPA.

Limitations on the Amount of Earnings that may be Garnished (General)

The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which is the amount of earnings left after legally required deductions are made . Examples of such deductions include federal, state, and local taxes, and the employee’s share of Social Security, Medicare and State Unemployment Insurance tax. It also includes withholdings for employee retirement systems required by law.

Deductions not required by law – such as those for voluntary wage assignments, union dues, health and life insurance, contributions to charitable causes, purchases of savings bonds, retirement plan contributions (except those required by law) and payments to employers for payroll advances or purchases of merchandise – usually may not be subtracted from gross earnings when calculating disposable earnings under the CCPA.

Title III sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments ( i.e. , those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee’s disposable earnings, or the amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour).

Therefore, if the pay period is weekly and disposable earnings are $217.50 ($7.25 × 30) or less, there can be no garnishment. If disposable earnings are more than $217.50 but less than $290 ($7.25 × 40), the amount above $217.50 can be garnished. If disposable earnings are $290 or more, a maximum of 25% can be garnished. When pay periods cover more than one week, multiples of the weekly restrictions must be used to calculate the maximum amounts that may be garnished. The table and examples at the end of this fact sheet illustrate these amounts.

As discussed below, these limitations do not apply to certain bankruptcy court orders, or to garnishments to recover debts due for state or federal taxes, and different limitations apply to garnishments pursuant to court orders for child support or alimony.

Limitations on the Amount of Earnings That May be Garnished for Child Support and Alimony

Title III also limits the amount of earnings that may be garnished pursuant to court orders for child support or alimony. The garnishment law allows up to 50% of a worker’s disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not. An additional 5% may be garnished for support payments more than l2 weeks in arrears.

Exceptions to Title III’s Limitation on Wage Garnishments

The wage garnishment law specifies that its limitations on the amount of earnings that may be garnished do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes.

If a state wage garnishment law differs from Title III, the law resulting in the lower amount of earnings being garnished must be observed.

Non-Tax Debts Owed to Federal Agencies

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government. As of December 20, 2018, the Higher Education Act authorizes the Department of Education’s guaranty agencies to garnish up to 15% of disposable earnings to repay defaulted federal student loans. Such withholding is also subject to the provisions of Title III of the CCPA, but not state garnishment laws. Unless the total of all garnishments exceeds Title III’s limits on garnishment, questions regarding such garnishments should be referred to the agency initiating the withholding action.

EXAMPLES OF AMOUNTS SUBJECT TO GARNISHMENT

The following examples illustrate the statutory tests for determining the amounts subject to garnishment, based on the current federal minimum wage of $7.25 per hour.

  • An employee’s gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.
  • An employee receives a bonus in a particular workweek of $402. After deductions required by law, the disposable earnings are $368. In this week, 25% of the disposable earnings may be garnished. ($368 × 25% = $92).
  • An employee paid every other week has disposable earnings of $500 for the first week and $80 for the second week of the pay period, for a total of $580. In a biweekly pay period, when disposable earnings are at or above $580 for the pay period, 25% may be garnished; $145.00 (25% × $580) may be garnished. It does not matter that the disposable earnings in the second week are less than $217.50.
  • An employee on a $400 weekly draw against commissions has disposable earnings each week of $300. Commissions are paid monthly and result in $1,800 in disposable earnings for July after already-paid weekly draws are subtracted and deductions required by law are made. Each draw and the monthly commission payment are separately subject to the law’s limitation. Thus, 25% of each week’s disposable earnings from the draw ($75 in this example) may be garnished. Additionally, 25% of the disposable earnings from the commission payment may be garnished, or $450 ($1,800 × 25% = $450).
  • An employee who has disposable earnings of $370 a week has $140 withheld per week pursuant to court orders for child support. Title III allows up to 50% or 60% of disposable earnings to be garnished for this purpose. A garnishment order for the collection of a defaulted consumer debt is also served on the employer. If there were no garnishment orders (with priority) for child support, Title III’s general limitations would apply to the garnishment for the defaulted consumer debt, and a maximum of $92.50 (25% × $370) would be garnished per week. However, the existing garnishment for child support means in this example that no additional garnishment for the defaulted consumer debt may be made because the amount already garnished is more than the amount (25%) that may be generally garnished. Additional amounts could be garnished to collect child support, delinquent federal or state taxes, or certain bankruptcy court ordered payments.

Title III Protections against Discharge when Wages are Garnished

The CCPA prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect that one debt. The CCPA does not prohibit discharge because an employee’s earnings are separately garnished for two or more debts.

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Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

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Wage Garnishment & Assignment: 4 must knows for employers

By Julie Farraj

Feb. 15, 2017

wage garnishment employer

Proper management of wage garnishment can be especially crucial to growing businesses because as their hiring increases, they may also be inadvertently increasing their garnishment liability. That’s why it’s important for an employer to remember four things can help appropriately and accurately process wage garnishments while remaining compliant.

1. All garnishments are not the same.

Here’s a basic wage withholding definition: When an employee fails to repay a debt, a wage withholding court order can be issued against the employee’s earnings to satisfy that debt. This court order — also called a wage garnishment — requires the employer to withhold a portion of the employee’s wages and forward them to a third party. Wage garnishment orders also can be issued by government agencies such as the IRS, state tax agencies and the U.S. Department of Education.

Simple, right? A business receives an order about one of its employees and refers it to its payroll department to process by withholding the appropriate wages and forwarding it to the proper recipient.

There are six common types of wage garnishment. They are:

Child support garnishment comprises by far the highest volume of orders employers process, and, while some of the laws are very standardized, the law can vary by state.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments (e.g. credit card debt). The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt.

Bankruptcy orders . Based on research from the American Bankruptcy Institute , 97 percent of all bankruptcies are personal filings rather than business filings.

Student loans may be collected by the U.S. Department of Education, which may contract with collection agencies to enforce and collect the defaulted loans.

Tax levy garnishments can be issued at the federal, state or local level. Each state differs in its requirements and those laws may differ from federal levies.

Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.

It’s important that employers keep in mind the type of debt owed, the party collecting it, and the laws applicable to that debt. Knowing which laws, rules, and regulations apply and keeping current on them when processing wage garnishments can be challenging for employers, and, if done incorrectly, may expose employers to various liabilities and penalties.

In addition, the six types of wage garnishments noted above are the most common wage garnishments; employers may receive other less common types of wage garnishments. It’s the employer’s responsibility to comply with and make sure all orders are processed in a timely manner and correctly whether or not they are familiar.

2. Wage garnishment can affect employee productivity and morale.

Most employers recognize that wage garnishment has a direct impact on employees. However, this impact can extend beyond their paychecks. Processing garnishments is not as straightforward as simply withholding wages from an employee’s paycheck and sending a payment. The process is far from simple and can be complicated by myriad emotions.

Employees often find it humiliating because the courts have intervened and employers have become involved in their private struggles.

Employees in this position may feel that they’re now working for the institutions to which they’re indebted rather than for themselves and their futures. Stress and anxiety are often natural extensions of the garnishment process.

An affected employee’s anxiety could show itself through decreased productivity or a lack of motivation. Employers can help affected employees and potentially decrease future garnishments by providing financial wellness training and counseling, as well as tax education, to help employees manage debt.

3. Wage garnishment can affect an employer’s finances and business efficiency.

Employees aren’t the only ones affected by wage garnishment. Employers expose themselves to financial and legal risk when they incorrectly garnish an employee’s wages, fail to file in a timely way, file a defective response, fail to follow specific requirements when sending payments, or make other missteps with a garnishment. Mishandling a garnishment can lead to a judgment against the employer for the entire amount of the employee’s debt, a lawsuit from the creditor or the employee, or other costs or penalties that the employer didn’t anticipate or budget for.

In the instance of garnishments for child support, employers could potentially feel the impact of laws designed to restrict travel. For instance, the Social Security Act was amended in 1997 with a sub-section that established the denial, revocation, or restriction of U.S. passports if the non-custodial parent has child support arrears of $2,500 or more. Additionally, some state agencies have the authority to deny or revoke drivers’ and professional licenses for past-due child support obligations .

If your business requires employees to travel internationally or employs drivers, these laws could impact an employee’s ability to do his or her job effectively and, by extension, impact the efficiency of your business.

Another current area of focus that could impact employers is in the creditor garnishment arena. Currently, the American Payroll Association is working with the Uniform Law Commission to establish a standardized processing for creditor garnishments through the Uniform Wage Garnishment Act, which proposes to standardize the wage-garnishment process for employers, employees and creditors. Currently, state laws differ significantly in their requirements regarding wage garnishment, from the beginning to the end of the garnishment, and are often outdated. This means businesses that operate in multiple states must identify and abide by these different legal requirements, which can potentially lead to processing errors, confusion, inefficiency and noncompliance.

Companies can help manage these challenges if they become familiar with garnishment laws and guidance from agencies such as the Federal Office of Child Support Enforcement, develop reliable and timely procedures for garnishment processing and ensure that policies are administered fairly for all employees facing a wage garnishment.

It may be useful to develop tools, resources and strong contacts with agencies, courts and garnishors. Staying close to these agencies may help your business remain aware of major changes to wage garnishment laws.

Consider participating in state and federally initiated pilot projects. These programs are valuable opportunities to positively build relationships, influence initiatives and provide needed feedback. Make sure you have established a way to monitor legislation that could affect garnishment processing.

Other steps an employer can take include participating with committees, attending conferences regarding wage withholding, and leveraging other contacts you’ve developed with the agencies, those imposing wage garnishments, or other employers.

4. Paper processing is the not the only option.

A study by the ADP Research Institute revealed that 7.2 percent of employees had wages garnished in 2013. Keeping pace with the proper and timely processing of wage garnishments is challenging for many businesses.

As wage garnishment volumes and laws intensify, garnishment processors have the option to use electronic funds transfer, or EFT, to save time, increase efficiency, streamline processes and potentially reduce costs.

Currently, virtually every child support state agency has the ability to accept child support payments via EFT, and some have even mandated employers to send payments electronically. Some tax levy agencies, trustees and student loan agencies also are implementing electronic payment capabilities. In addition to business efficiencies, EFT enables greater security of personally identifiable information, such as Social Security numbers.

Minnesota has passed legislation requiring employers to electronically file their response to a state tax garnishment summons with the state tax agency, and Wayne County Court in Michigan is piloting the option of electronic responses.

Electronic income withholding orders are already very popular. These enable states to electronically distribute income withholding orders and employers to electronically accept or reject them.

Clearly, wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement the garnishment. It’s important for businesses of all sizes to understand the different types of wage garnishment, familiarize themselves with the laws governing them, and learn ways to accurately and efficiently process them.

Using best practices can help streamline an employer’s responsibilities and ease the potential anxiety an employee may feel with this sometimes-necessary workforce issue.

Julie Farraj is vice president of Garnishment Services for ADP Added Value Services. Comment below or email [email protected].

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Wage Garnishments (Assignment Orders)

In family law, a wage garnishment is a court order that directs an employer to withhold a portion of an employee’s income, and thereafter deliver that withheld income directly to a third person (payee) to pay the employee’s (debtor’s) unpaid court ordered child support or spousal support.

Wage garnishments are legally enforceable against the employer and the employee; willful failure to comply with wage garnishment orders can lead to severe civil and criminal penalties.

For example, if a business owner receives a wage garnishment notice (court order), which informs the employer that he or she must keep a portion of his or her employee’s income from the employee, and the business owner thereafter willfully disobeys that court order, then the business owner could be found to be in contempt of court.

Also, if the owner of the business is the person whose wages are garnished, and he or she does not keep his or her own wages aside per the court’s order, then the business owner could be found to be in contempt of court.

Note: The term wage garnishment is sometimes referred to in family law court as either a wage assignment, earnings assignment, income earnings assignment, or withholding order . All of these terms share very similar, but not exact, definitions. The garnishment of wages, or the “withholding” of wages (income) is the act of keeping the wages from the employee. The assignment of wages (income) is the act of giving another person the right to receive the wages (income, earnings, salary, etc.).

Obtaining a Wage Garnishment

When a family law judge orders a person to pay child support or spousal support, then the person so ordered should be given an opportunity to comply with the court’s order (without further legal action such as a wage garnishment). If the person ordered to pay child support or spousal support willfully fails to pay pursuant to the court’s order, then the payee may seek an order for wage garnishment (earnings assignment, withhold order, etc.) against the debtor (payer).

For example, if a family law judge orders wife to pay her ex-husband spousal support, then wife will usually be given an opportunity to comply with the court’s order to pay spousal support without the issuance of a wage garnishment (opportunity to comply with court’s order). However, if wife refuses to pay spousal support as ordered, then her ex-husband may seek a court-ordered wage garnishment against husband.

Note: As stated, a person will usually be given an opportunity to pay child support or spousal support (alimony) without ordering a third person (employer) to garnish the non-paying party’s income. But, in some cases, a judge may allow a wage garnishment to issue even before the paying party is given an opportunity to comply with the court’s order (i.e. business is dissolving, employee cannot be found, etc.).;

Important: There are different legal remedies that might be available to a payee when a debtor fails to pay court ordered child support or spousal support. A payee should consider all legal options when a debtor fails to pay support, including, but not limited to, the following: civil penalties, contempt of court, modification of court orders, referral to Department of Child Support Services [DCSS]) , and more.

Every legal remedy accompanies certain benefits and detriments and wage garnishments might not necessarily be in the payee’s best interest in light of other available legal remedies. It's important to seek the advice of a family law attorney to learn the availability of all legal remedies and the legal benefits, as well as all legal detriments, which are associated with each legal remedy.

Where to Start: Before a family law litigant may have a wage garnishment ordered, the court will usually require the requesting party to show that a wage garnishment is necessary because the debtor has willfully failed to pay court ordered support. If the court grants the payee's request for a wage garnishment, the order must be timely and properly served on the debtor’s employer in order to become valid.

Note: The wage garnishment order informs the employer of the percentage of income that is to be deducted from the employee’s paycheck and where to send that deducted payment.

An employer must begin withholding child support monies within ten (10) days of the receipt of the wage garnishment. The withheld monies must be remitted within seven business days after the employee’s regular payday to the person or entity named in the Income Withholding Order (IWO).

Percentage of Income Withheld for Child Support: Child support wage garnishments cannot exceed fifty percent (50%) of the employee’s disposable income. Disposable income refer to the employee’s net pay (including bonus income), after taxes, unemployment insurance, and social security is deducted. Deductions do not include health and/or dental insurance, charitable or retirement contributions, and non-required union dues.

Note: Past due child support or spousal support (arrears) may also be withheld from an employee’s income; however, withholding for arrears may be “stayed” for good cause as determined by the family law judge. In this context, “stayed” for good cause means that the employee debtor does not have to pay, as a withholding, unless and until some subsequent condition arises (i.e. passage of time, future violations of the court’s order, etc.).

Self-Employed & Independent Contractors

For self-employed debtors, the rules regarding wage garnishment do not change. In other words, a self-employed person may be ordered to withhold his or her own income in order to pay a wage assignment. Of course, proof of compliance with the court’s wage garnishment order can be more difficult in self-employed debtor cases. This is especially true where self-employed persons subject to a wage garnishment have a fluctuating income. On the other hand, anyone caught falsifying income for purposes avoiding wage garnishments, could face severe criminal penalties, including penalties for felony perjury and felony tax evasion.

Note: The process of collecting legal documents from an opposing party in a legal dispute is known as “discovery.” Family law lawyers (and judges) have experience in obtaining the true income of self-employed persons suspected of concealing income and/or assets. When a self-employed person is determined to conceal his or her true income, the discovery process will usually uncover the debtor’s deception. Once true income and/or assets are discovered, the court will likely penalize the debtor more than the court would have if the self-employed person did not otherwise attempt to conceal his or her true income and/or assets.

Special Cases: Sometimes an employee has a fluctuating income and the fluctuation is unknown to the payee (i.e. service industry tip calculation fluctuation [food server, bartender, hair dresser, etc.], open salaried employee with fluctuating work schedule, 1099 contractors who do not report employment, service for service employees, etc.). Employers that employ these types of employees should do the best they can to completely comply with the withholding order. But if the employer does not know, or reasonably could know, the exact income of his or her employee, then there is not much else that employer can do to comply with the withholding order. In these types of cases, it is up to the lawyers, and the lawyers' investigators to discover the true income of the employee.

Wage Garnishment Agreement

Parties can agree that child support or spousal support payments can be paid in some way other than through a wage garnishment. If a wage garnishment has already been ordered before the parties reached an agreement to pay support other than through a wage garnishment, then the parties can ask the court for the wage garnishment to be stayed (put on hold).

Important: If the reason a debtor cannot pay child or spousal support is due to lost employment or loss of income, the debtor should seek a downward modification of support. The debtor is responsible for the full amount of child support or spousal support until the court orders a different amount.

Note: Child support is deducted before spousal support when both child support and spousal support are subject to a wage garnishment.

When DCSS is Involved

When either the local child support agency (LCSA), or the Department of Child Support Services (DCSS) is involved in a child support case, that respective government agency usually issues a wage garnishments without considering whether or not a wage garnishment is in the payee’s best interest (as opposed to other available legal remedies).

Note: DCSS is an over-burdened, underpaid, bureaucratic, government agency with overworked and underpaid lawyers that primarily represent the government’s interest in collecting reimbursement monies from parents who should have, but failed to, provide health insurance for their child or children. DCSS almost always chooses a wage garnishment over other available legal remedies. This is true even when other legal remedies might be better for the payee (as opposed to better for the government). If possible, seek the advice of a family law attorney independent of DCSS to learn the benefits and detriments of a wage garnishments in comparison to other legal remedies.

Quashing, Canceling, or Objecting to Wage Garnishment

An employee has up to ten (10) days from the day that his or her employer received the wage garnishment (Income Withholding Order [IWO]) in which to object to the payee’s wage garnishment request. The debtor may object to a wage garnishment request under one of the following situations:

There is a prior agreement to pay spousal support directly to the payee without the need for a wage garnishment,

or all of the following apply:

The debtor made timely and full payments for at least twelve (12) months without an earnings assignment (wage garnishment) in place;

No back support is owed (arrears);

The wage garnishment would cause undue hardship; and, when child support is included, it would be in the children’s best interest to cancel the wage garnishment.

Note: Failure to pay court ordered child support or spousal support can lead to any of the following: garnished wages (earning assignment), contempt of court, modification of court orders, civil penalties (with statutory interest on arrears ranging from six (6) percent a month to ten (10) percent a year, compounded!), negative credit rating, liens on property, liens on bank accounts, liens on tax refund(s), liens on lottery winnings, suspension or revocation of a professional license (doctor, dentist, lawyer, etc.), denial of U.S. passport, and more.

To learn more about garnishing wages (earnings assignments) in child support or spousal support cases, contact our divorce and family law attorneys today for a free consultation. Our lawyers are well versed in all family law issues, including child custody, child support, child visitation (parenting time), guardianship, conservatorship, fathers’ rights, juvenile dependency hearings, child protective service (CPS) defense, annulments, grandparents’ rights, and more. Call today!

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Wage Garnishment

Selected Legal References for California

Wage Garnishment Law

CCP 706.011: As used in this chapter:

        

(a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law.

(b) “Earnings” means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise.

(c) “Earnings withholding order for elder or dependent adult financial abuse” means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706.100) and based on a money judgment in an action for elder or adult dependent financial abuse under Section 15657.5 of the Welfare and Institutions Code.

(d) “Earnings assignment order for support” means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code, which requires an employer to withhold earnings for support.

(e) “Employee” means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done.

(f) “Employer” means a person for whom an individual performs services as an employee.

(g) “Judgment creditor,” as applied to the state, means the specific state agency seeking to collect a judgment or tax liability.

(h) “Judgment debtor” includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706.070), whether or not a judgment has been obtained on such tax liability.

(i) “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.

CCP 706.020: Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by means of any judicial procedure other than pursuant to this chapter.

CCP 706.021: Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the employer in accordance with this chapter.

CCP 706.022(a): As used in this section, “withholding period” means the period which commences on the 10th day after service of an earnings withholding order upon the employer and which continues until the earliest of the following dates:

(1)  The date the employer has withheld the full amount required to satisfy the order.

(2) The date of termination specified in a court order served on the employer.

(3) The date of termination specified in a notice of termination served on the employer by the levying officer.

(4) The date of termination of a dormant or suspended earnings withholding order as determined pursuant to Section 706.032.

(b) Except as otherwise provided by statute, an employer shall withhold the amounts required by an earnings withholding order from all earnings of the employee payable for any pay period of the employee which ends during the withholding period.

(c) An employer is not liable for any amounts withheld and paid over to the levying officer pursuant to an earnings withholding order prior to service upon the employer pursuant to paragraph (2) or (3) of subdivision (a).

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IMAGES

  1. wage assignment Doc Template

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  2. Fillable Online courts mi Order Cancelling Wage Assignment Fax Email

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  3. Wage assignment revocation letter: Fill out & sign online

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  4. Form JC58 Download Fillable PDF or Fill Online Order Cancelling Wage

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  5. income assignment order Doc Template

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  6. 523. Wage Assignment Form

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COMMENTS

  1. What Is Wage Assignment?

    A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt. Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time. Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay ...

  2. Wage Assignment: What it Means, How it Works

    Wage Assignment: The procedure of taking money directly from an employee's compensation under the authority of a court order, in order to pay a debt obligation. Wage assignments are typically a ...

  3. Wage Assignments and Garnishments: What Finance Leaders Need to Know

    A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

  4. Wage Assignments

    Wage Assignments. Federal and state law requires every child support order to include mandatory wage withholding except in very special cases. (An exception might be: a court ordered stay of a wage assignment might be ordered for a paying parent that consistently pays on time. The wage assignment stay may be honored for as long as the paying ...

  5. Income Withholding Orders

    An Income Withholding Order (Wage Assignment) is an order that deductions be taken from wages or other income to pay current or past-due child support or spousal maintenance. The order is designed to ensure timely support payments. Assignments can apply to an obligor's wages, salary, commissions, and other periodic earnings.

  6. Wage assignment and employers' responsibilities

    A. A wage assignment is a document that allows a creditor to attach part of the employee's wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in ...

  7. Wage Assignments in Consumer and Other Contracts

    Difference between Wage Assignments and Wage Garnishment Orders. Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator. The "wage assignment" provision assigns the borrower's future wages to the creditor in the event of default by non ...

  8. Child Support Wage Assignments

    A wage assignment is a special process that allows the court to order an employer to make direct payments to the custodial parent from the supporting parent's wages. You can also directly apply to the court for a wage assignment. Remember that the notice of this action must be served on the paying parent's employer.

  9. What Is Wage Garnishment & How Does It Work?

    Voluntary wage assignments elected by the employee, such as those for medical insurance or pre-tax benefits programs, are not considered wage garnishments. ... An employer can also draft a letter detailing the specifics of the wage garnishment order, the amount to be taken from each payment, and the length of time the wages will be garnished.

  10. Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit

    Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) Revised October 2020. This fact sheet provides general information concerning the CCPA's limits on the amount that employers may withhold from a person's earnings in response to a garnishment order, and the CCPA's protection from termination because of garnishment for any single debt.

  11. Wage Garnishment & Assignment: 4 must knows for employers

    Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.

  12. Guide to earnings withholding orders for employers

    Example 2: Minimum wage is $16.30, There is an order of higher priority. Facts: You pay once a month, the employee's disposable earnings for the pay period are $4,600.00, ... An earnings assignment order for support (for example, form FL-435) Earnings Withholding Order for Support (form WG-004)

  13. Wage assignment

    Wage assignments are built into contracts regarding debt repayment, and allow creditors to receive a portion of an employee's wages without needing a court order. Wage garnishment orders for private debt (as opposed to child support orders and tax levies) are always signed by a judge. The exception is when private debt is owed to the US ...

  14. PDF What Do I Do Now That I Have a Wage Assignment?

    12/23/10 What is a Wage Assignment ("garnishment") and why do I need one? A support order is an order that one party (the paying party) pay the other party (the receiving party) support. A wage assignment is an order that the paying party's employer send money from the paying party's paycheck to the receiving party. If there is only a support order and no wage assignment then the ...

  15. Wage Assignments

    New wage assignments: The order should state (1) the name of the employer; (2) the amount and frequency of the payment; and (3) for a joint case, the name of the debtor to whom the order applies. Amended wage assignments: The name of the employer must match that shown on the original wage assignment. If the employer has changed, a new wage ...

  16. RCW 26.18.110: Wage assignment order or income withholding order

    An order for wage assignment for spousal maintenance entered under this chapter shall have priority over any other wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under chapter 74.20A RCW for support of a dependent child, and except for another wage assignment or garnishment for ...

  17. Wage Garnishment & Assignment Lawyers

    Wage Garnishments (Assignment Orders) In family law, a wage garnishment is a court order that directs an employer to withhold a portion of an employee's income, and thereafter deliver that withheld income directly to a third person (payee) to pay the employee's (debtor's) unpaid court ordered child support or spousal support. ...

  18. PDF FL-430 EX PARTE APPLICATION FOR EARNINGS ASSIGNMENT ORDER

    9. The existing earnings assignment order for spousal, domestic partner, or family support should be changed as follows (specify): The modified earnings assignment order is requested because (check all that apply): a. The support arrears in this case are paid in full, including interest. b.

  19. How to collect spousal support

    1. Get a signed copy of an earnings assignment order If you asked in your support agreement or at a hearing on support for an earnings assignment, the judge will sign an Earnings Assignment Order for Spousal or Partner Support (form FL-435).If you also receive child support, the judge will sign an Income Withholding for Support (form FL-195) instead.

  20. PDF ORDER OF WAGE ASSIGNMENT

    ORDER OF WAGE ASSIGNMENT . It appears to the Court that an Order of Wage Assignment should issue to deduct support payments directly from the salary, wages, commissions, bonuses and other compensation of the _____, _____ (hereinafter referred to as "Payor"). Accordingly, the Court so makes the following findings :

  21. What is a Wage Assignment in Arizona

    A Wage assignment in Arizona is an order requiring a parent's employer to deduct that parent's child support and/or spousal maintenance obligation directly from his or her paycheck. The court is required by law to order support payments to be paid through a wage assignment in Arizona unless both parties agree otherwise.

  22. PDF Garnishment & Other Withholding Documents: Processing Procedures

    A wage assignment can be voluntary or mandatory. A voluntary wage assignment involves the employee's consent in writing to transfer future wages to a third party. A mandatory wage assignment, on the other hand, requires the transfer of wages because of a court order or statute. An assignment implicates a particular type of legal relationship ...

  23. Circuit Court Forms

    Forms: Notice of Address Change. Forms: Notice of Appeal. Forms: Notice of Filing Foreign Judgment. Forms: Notice of Submission of Funds to the Court. Forms: Notice Regarding Insurance Coverage. Forms: Notice to Reinstate Garnishment. Forms: Order of Wage Assignment. Forms: Order of Wage Assignment - Voluntary.