Legal Question in Family Law in California

Wage garnishment for writ of execution

I want to collect money owed to me from my ex-husband. What is the total percentage that can be legally held from his take home pay in order to pay the child support he owes, and collect on the writ of execution for other monies he has not paid to me that he owes?


Asked on 4/19/00, 7:21 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Wage garnishment for writ of execution

i think they automatically take 25% and he can petition the court for less

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Answered on 4/28/00, 11:45 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Wage garnishment for writ of execution

The law states that 25% of the take home pay can be taken to pay a writ of attachment, except a wage assignment, or attachment, for child support. In the case of child support the amount can be 50%. Once the amount being withheld for child support exceeds 25% no funds can be withheld for any other debt.

There are some circumstances in which the maximum can be increased to 60% by court order.

The local district attorney should help you collect. They are often much slower than a private attorney it collecting support.

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Answered on 4/29/00, 2:29 am


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