Earnings Assignment Orders – Family Code 5230

When a California court orders child or spousal support, it also issues an earnings assignment order. Under California Code Family Code § 5230, the order is required in every case in which support is ordered, whether or not anyone asks for it. It directs the paying parent’s employer to withhold the support from each paycheck and send it to the recipient or to the State Disbursement Unit.

Many people hear “wage garnishment” and assume it means a parent has done something wrong. That is not how the assignment order works. It is the default method of payment, not a punishment, and it protects both sides: the paying parent has an automatic record of every payment, and the receiving parent is not dependent on a check arriving each month.

Parents who prefer to handle payments directly may ask the court to stay service of the assignment order. Under California Code Family Code § 5260, the court may do so on a showing of good cause or where the parties have a written agreement for an alternative arrangement and there is no history of missed payments. If payments later fall behind, the stay can be lifted and the order served on the employer.

For members whose employer is a large company or a union signatory, the order is routine; payroll departments process them constantly. The important thing is that the amount in the order matches the current support order, so modifications must be followed by an amended assignment.