June 02, 2020

Enforcing California Alimony Orders

If you’ve been through a divorce and your spouse has been ordered to issue spousal support payments to you, then you might be wondering how the process works for enforcing California alimony orders.

Earnings Assignments vs. Payment Arrangements

There are generally two main ways that spousal support can be paid to you.

Agreed-Upon Payment Arrangement

One spousal support option is when you and your ex-spouse set up an agreement that you’ll work out the payments on your own, outside of the courts. This is rare, but it can happen.

In this situation, the ex-spouses will agree not to mail the earnings assignment to the employer, and the payments are paid directly between the two parties. You can also ask the judge to issue a stay on the earnings assignment. The judge will honor this as long as the payments are made on time each month.

Earnings Assignment

The second way to enforce alimony payments is a court-ordered earnings assignment. In this case, the employer and the paying spouse will receive the earnings assignment order. It becomes the employer’s responsibility to withhold the spousal support amount from each paycheck and issue it to the receiving spouse.

The law requires employers to do this, and it’s not something they can simply ignore. If an employer fails to withdraw the earnings from your ex-spouse’s paychecks, and fails to pay you the spousal payments as required by law, you can take the employer to court.

Efforts should be made to get the employer to withhold the earnings and make the payments; court should be used as a last resort. An experienced alimony lawyer can help answer any questions you might have about enforcing alimony orders in California.

Get in Touch with a California Alimony Lawyer

When dealing with any legal family matters, it’s always best to have the help of a knowledgeable and experienced California alimony attorney. Contact the Law Office of Laurence J. Brock to discuss your alimony concerns today. To reach us, simply fill out the form on this page, or call 909-466-7661.

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