When it comes to unpaid child support in a divorce wages can be garnished without a court judgment. If a parent fails to make their child support payments, the state has the right to garnish that person’s wages through their employer, or through other means.
If your spouse owes unpaid child support, you have a number of ways to collect the money from them set by the California Department of Child Support Services. The various types of earnings that can be garnished for unpaid child support payments are:
• Wages in the form of salary, tips, bonuses, retirement and vacation pay, commissions and regular overtime
• Dividends, rents, royalties, patent rights, payments due for services of independent contractors
• Payments from workers compensation, temporary disability benefits
• Regardless of source, any other payments or credits due or becoming due
In a California divorce, if the garnished wages do not cover the entire amount owed, the custodial parent may seek other ways of obtaining garnishment by property seizure. This includes houses, boats, cars, motorcycles, corporate stock, and more. The custodial parent must keep in mind that the levels of garnishment are 50% if supporting another family, 60% if not, and 65% if the spouse child support payment is 12 weeks past due.
If you have specific questions about wage garnishment and/or divorce contact Thorsteinson Law Group, your trusted and experienced divorce and family law attorney.