Child Support Garnishment Rules in California [2025 Updated]
By Stephane Quinn | By Quinn & Dworakowski LLP |Given the important role child support plays in providing for a child’s welfare, many orders require automatic monthly withdrawals directly from the paying parent’s wages. In some cases, garnishment can also be used to recover past-due child support, known as arrears. Whether you are paying or receiving child support, understanding child support garnishment rules in California is critical to protect your rights and ensure compliance with court-ordered obligations.
Understanding Child Support Garnishment Rules in California
Child support garnishment is one of the primary methods California uses to make sure that children who go through the court system have the financial support they need to meet their basic needs following a divorce or child custody case. Garnishment allows the courts to mandate that employers deduct child support on a regular basis. Garnishment is also used following enforcement measures to secure arrears.
Under California Family Code § 5230, when a court establishes a child support order, it must also issue an earnings assignment order. This order directs the paying parent’s employer to withhold a specific amount from their wages to cover current child support obligations and any arrears. The employer is required to honor the assignment and begin withholding as soon as practical after receipt.
California Family Code § 5232 authorizes local child support agencies to serve a notice of assignment directly to employers. A notice of assignment carries the same weight as a court-issued earnings assignment and triggers the same obligations on the employer to withhold and forward payments.
Child Support and Divorce Trends in California
Child support enforcement plays a significant role in California’s family law system. The divorce rate in California is approximately 6.9 per 1,000 women. This leads to thousands of new support orders every year. In federal fiscal year 2023, California collected and distributed over $2.5 billion in child support payments directly to families.
For non-assistance families (those not receiving public welfare benefits), California collected approximately $2.18 billion in child support in state fiscal year 2023–24 fiscal year.
Can I Stop Child Support Garnishments?
In California, child support garnishments can be stopped through a formal court process. If you believe your child support should end due to the child reaching adulthood or changed circumstances like the onset of a serious illness or disability, you can work with an attorney to file a motion to terminate or modify the child support order with the appropriate court.
In Orange County, for example, these cases are handled at the Lamoreaux Justice Center, located at 341 The City Drive South and near Orangewood Children’s Home. The court will review your case and call a hearing where your attorney can argue that the order should be reduced or terminated. If the judge agrees, your wage garnishments may be reduced or terminated.
When Does Child Support Typically End?
In California, child support typically ends when the child turns 18. However, if the child is still enrolled in high school full-time and is not self-supporting, payments may continue until graduation or reaching age 19, whichever comes first.
California law allows support payments to continue when the child or young adult has a disability that prevents them from supporting themselves. Some parents voluntarily agree to pay child support beyond the typical timeline. If those agreements are laid out in a court order, they are enforceable.
It is also important to remember that unpaid child support does not go away once the child ages out of the system. Any past delinquencies would need to be paid in full. Even when the child turns 18 or 19, the parent who receives child support has the right to pursue enforcement actions for past due child support payments.
FAQs
What Is the Garnishment Limit for Child Support in California?
The garnishment limit for child support in California depends on the parent’s financial situation and the specific terms of the income withholding order. Generally, higher portions of disposable income can be garnished if the parent has overdue support or no other family obligations. Reviewing the terms of your court order or consulting with a legal professional can ensure that the correct garnishment percentage is being applied.
What Happens if an Employer Doesn’t Garnish Wages for Child Support?
If an employer knows about a standing court order and fails to garnish wages for child support as ordered, they may be held financially responsible for missed payments under California law. Courts can impose penalties and require the employer to pay the unpaid amounts directly. Employers must act quickly after receiving an income withholding order.
How Can I Stop Child Support Wage Garnishment in California?
To stop child support wage garnishment in California, you must obtain a court order modifying or terminating the original support obligation. Simply paying off past-due amounts does not automatically stop wage garnishment. Filing a formal request and securing court approval ensures the garnishment ends properly. Acting quickly to file the correct paperwork can prevent continued deductions from your paycheck once support obligations are satisfied.
Can Child Support Be Garnished Without a Court Order?
In California, child support cannot be garnished without a valid court order or an administrative income withholding order issued by a child support agency. Once an order exists, garnishment can proceed without additional notice. If your wages are being garnished and you have not received documentation, requesting a copy of the order from the court or agency is an important step to verify its validity.
Protect Your Interests With Help From Quinn & Dworakowski, LLP
Child support garnishment can significantly impact your financial situation, whether you are receiving or paying support. Understanding California’s updated rules for 2025 is essential to ensure that your rights are protected and your obligations are properly managed.
The experienced attorneys at Quinn & Dworakowski, LLP, have extensive knowledge of child support enforcement procedures and can help you address garnishment issues effectively. Our team is committed to providing high-level legal representation tailored to your specific needs. Contact our office today to schedule your consultation and take control of your child support matters.
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