EmploymentQuestion 920 of 1632

For a child-support wage assignment (income withholding order), the maximum percentage of disposable earnings that may be withheld is generally higher than for ordinary debts. What is the typical maximum for an employee supporting no other family and who is not in arrears beyond 12 weeks?

a.50% of disposable earnings
b.25% of disposable earnings
c.65% of disposable earnings
d.60% of disposable earnings

Explanation

Child support income withholding follows the federal Consumer Credit Protection Act ceilings at 15 U.S.C. §1673(b): 50% of disposable earnings if the employee supports another spouse or child, 60% if not, and an extra 5 points in either case when payments are more than 12 weeks in arrears. This employee supports no other family and is not in arrears, so the ceiling is 60%. (a) is the figure for an employee who does support another family. (c) is 60% plus the arrears add-on, which the facts exclude. (b) is the federal ordinary-debt cap, and California's own ordinary-debt cap under CCP §706.050 is lower still at 20% - child support is deliberately allowed to reach much further into the cheque.

Law Reference: 15 U.S.C. §1673(b); Family Code §5230 et seq.

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