Wage GarnishmentRestrictions on Earnings Withholding

Section § 706.050

Explanation

This law explains how much of a person’s paycheck can be taken to pay off debts if there’s a court order. For weekly earnings, it’s the smaller amount of either 20% of what you take home or 40% of what you earn over 48 times the minimum wage. If you earn more than the local minimum wage, the higher wage is used for the calculation. For people paid daily, biweekly, semimonthly, or monthly, there are specific calculations based on the minimum wage to decide the maximum amount that can be taken. These rules started on September 1, 2023.

(a)CA Civil Procedure Code § 706.050(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:
(1)CA Civil Procedure Code § 706.050(a)(1) Twenty percent of the individual’s disposable earnings for that week.
(2)CA Civil Procedure Code § 706.050(a)(2) Forty percent of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made pursuant to this paragraph.
(b)CA Civil Procedure Code § 706.050(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):
(1)CA Civil Procedure Code § 706.050(b)(1) For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).
(2)CA Civil Procedure Code § 706.050(b)(2) For a biweekly pay period, multiply the applicable hourly minimum wage by 96 work hours.
(3)CA Civil Procedure Code § 706.050(b)(3) For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours.
(4)CA Civil Procedure Code § 706.050(b)(4) For a monthly pay period, multiply the applicable hourly minimum wage by 208 work hours.
(c)CA Civil Procedure Code § 706.050(c) This section shall become operative on September 1, 2023.
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Section § 706.051

Explanation

This law explains when a person's earnings are protected from being taken to pay off a debt. If the money is needed to support the debtor or their family, it's usually safe from being seized. However, there are exceptions. If the debt is due to certain legal fees, payment for personal services from an employee, child or spousal support, or a state tax order, this protection doesn't apply. In simple terms, not all earnings are protected if specific types of debts are involved.

(a)CA Civil Procedure Code § 706.051(a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor.
(b)CA Civil Procedure Code § 706.051(b) Except as provided in subdivision (c), the portion of the judgment debtor’s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.
(c)CA Civil Procedure Code § 706.051(c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies:
(1)CA Civil Procedure Code § 706.051(c)(1) The debt was incurred pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code.
(2)CA Civil Procedure Code § 706.051(c)(2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor.
(3)CA Civil Procedure Code § 706.051(c)(3) The order is a withholding order for support under Section 706.030.
(4)CA Civil Procedure Code § 706.051(c)(4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).
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Section § 706.052

Explanation

If someone owes money due to a court judgment and has their earnings withheld to pay for support like child or spousal support, half of their remaining usable income after basic deductions can't be taken for additional debts. However, the court can adjust how much is withheld if there are other people the debtor needs to support, but it can't exceed federal limits on how much can be taken for support.

(a)CA Civil Procedure Code § 706.052(a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code) of the judgment debtor, plus any amount withheld from the judgment debtor’s earnings pursuant to any earnings assignment order for support, is exempt from levy under this chapter where the earnings withholding order is a withholding order for support under Section 706.030.
(b)CA Civil Procedure Code § 706.052(b) Except as provided in subdivision (c), upon motion of any interested party, the court shall make an equitable division of the judgment debtor’s earnings that takes into account the needs of all the persons the judgment debtor is required to support and shall effectuate such division by an order determining the amount to be withheld from the judgment debtor’s earnings pursuant to the withholding order for support.
(c)CA Civil Procedure Code § 706.052(c) An order made under subdivision (b) may not authorize the withholding of an amount in excess of the amount that may be withheld for support under federal law under Section 1673 of Title 15 of the United States Code.
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