California Laws for Attaching Workers Compensation to Child Support
California Code Section 704.160 specifically allows the state to satisfy unpaid child support payments by placing a lien on workers' compensation benefits parents receive from the state. California family law requires courts to order wage assignments for all child support orders, and employers must immediately comply with the judicial orders. Employers are responsible for remitting wages from each paycheck, and wages can include bonuses, commissions, state benefits and even vacation pay.
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Overview of Workers' Compensation Laws
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California law requires the majority of its employers to purchase workers' compensation insurance coverage for their employees. When employees sustain job-related injuries or suffer occupational illnesses, the state provides them with limited wage replacement benefits and medical treatment. Employees who are unable to work are eligible for monetary benefits after a waiting period.
Wage Assignments
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Parents are required to establish wage assignments or income withholding orders when requesting courts to order child support. In California, unless the court approves a different method of withholding, child support is payable through wage assignment. The wage assignment order requires parents ordered to pay support to provide their employer's contact information. Once the California Department of Child Support Services sends a wage assignment order to an employer, the employer must begin withholding wages from an employee's paychecks immediately. Employees who receive workers' compensation benefits are subject to wage assignment withholding orders, and their employers must withhold a portion of their wages to satisfy their monthly obligations. However, California law limits the amount of withholdings to 50 percent of net income per pay period, and parents are responsible for paying any remaining obligation. In limited circumstances, employers may withhold up to 65 percent of an employee's net income.
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Writ of Execution
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Since California law requires courts to incorporate an automatic wage assignment or income withholding order into every child support award, parents may begin receiving child support payments through the California Department of Child Support Services. Although California's child support laws allow either parent to receive support, typically, the noncustodial parent is ordered to pay child support to the custodial parent through a writ of execution and application for earnings order. The noncustodial parent must comply with the order by providing information about her employer. The parent receiving child support can file a writ of execution requiring the noncustodial parent's employer to begin attaching wages after receiving an order and summons. Employers withhold wages from paychecks and send a designated amount during each pay period. As a collection tool, California law allows parents to attach or garnish workers' compensation wages in lieu of paycheck withholdings.
Calculating Support
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Workers' compensation benefits are also considered income when courts establish original orders. The California Child Support Guidelines sets the presumptive amount of financial support parents owe their children. The guidelines are based on total income shares of both parents, the child's needs and the amount of parenting time parents spend. As part of the gross earnings calculation used to determine individual support awards, courts can consider wages, commissions, unemployment earnings, workers' compensation wages and any other income from any source. If the original support award did not include workers' compensation benefits, then a parent may request a modification to the support award to include that income. Under California law, additional workers' compensation wages can justify a modification if the income increase is significant.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
- California Department of Child Support Services: Changing Your Child Support Amount; April 2010
- California Code of Civil Procedure Section 704.160:
- California Department of Child Support Services: Child Support Wage Assignments; April 2010
- California Division of Workers' Compensation: FactSheet
- California Department of Child Support Services: Establishing a Child Support Order
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