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?
Giải thích
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.
Trích dẫn luật: 15 U.S.C. §1673(b); Family Code §5230 et seq.Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Câu hỏi liên quan cùng chủ đề
- Generally, what is the statute of limitations for an employee to file a claim for unpaid overtime based on a statutory obligation in California?
- An employer receives an earnings withholding order (wage garnishment) for an employee's ordinary consumer debt. What is the general maximum that may be garnished from disposable earnings under California law?
- An employee's wages are garnished for the first time due to a single judgment. May the employer fire the employee simply because of that one garnishment?
- Within how many days of hiring a new employee must a California employer report the hire to the New Employee Registry (EDD)?
- Which California form is used by an employer to report a newly hired employee to the Employment Development Department?
- What is the primary purpose of the federal Form I-9 that every U.S. employer must complete for each new hire?
Cập nhật gần nhất: · quy trình kiểm tra