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§ 704.160.Claims For Workers' Compensation Or Workers' Compensation Awarded Or Adjudged

Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Last amended 2000 · Last verified July 28, 2026

In one sentenceSection 704.160 exempts workers' compensation claims and awards before and after payment without a claim, while letting a support judgment creditor reach temporary disability benefits through the state's intercept procedure or a support assignment order capped at 25 percent of each payment.

Full Text of § 704.160

Text sizeJump to: (a) (b) (c) (d)

(a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim for workers' compensation or workers' compensation awarded or adjudged is exempt without making a claim. Except as specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment of workers' compensation temporary disability benefits described in subdivision (a) to a support judgment debtor, the support judgment creditor may, through the appropriate local child support agency, seek to apply the workers' compensation temporary disability benefit payment to satisfy the support judgment as provided by Section 17404 of the Family Code.
(c) Notwithstanding any other provision of law, during the payment of workers' compensation temporary disability benefits described in subdivision (a) to a support judgment debtor under a support judgment, including a judgment for reimbursement of public assistance, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the temporary disability benefit payments to satisfy the support judgment by an earnings assignment order for support, as defined in Section 5208 of the Family Code, or any other applicable enforcement procedure. The amount to be withheld pursuant to the earnings assignment order for support or other enforcement procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest dollar. Otherwise, the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an order assigning earnings under this subdivision an amount reflecting the actual cost of administration of this assignment, up to two dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the following definitions govern the construction of this section.
(1) "Judgment debtor" or "support judgment debtor" means a person who is owing a duty of support.
(2) "Judgment creditor" or "support judgment creditor" means the person to whom support has been ordered to be paid.
(3) "Support" refers to an obligation owing on behalf of a child, spouse, or family; or an amount owing pursuant to Section 17402 of the Family Code. It also includes past due support or arrearage when it exists.
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Plain-English Summary

Workers' compensation benefits get the same before-and-after protection as unemployment and disability benefits elsewhere in this article. Before payment, a workers' compensation claim, and an award or adjudged workers' compensation amount, are exempt without the debtor filing a claim. After payment, the award generally remains exempt too, subject to the support carve-outs in subdivisions (b) and (c).

Those carve-outs target temporary disability benefits specifically, when the debtor owes support. A support judgment creditor can go through the local child support agency to apply a temporary disability payment against the judgment using the state's intercept procedure, or reach it directly or through the agency using an earnings assignment order for support or another enforcement procedure. Either way, the amount withheld from each periodic payment is capped at 25 percent, rounded down to the nearest dollar, unless the creditor or a court order sets a lower figure — and if the assignment order route is used, the paying entity may deduct up to $2 per payment for administrative cost.

Frequently Asked Questions

Can a creditor take my workers' compensation benefits?

Not for an ordinary judgment. Section 704.160(a) exempts workers' compensation claims and awards both before and after payment, without any claim needed.

Can workers' comp be used to collect back child support?

Yes, but only temporary disability benefits specifically, and only up to 25 percent of each payment through the state intercept procedure or a capped earnings assignment order for support.

What does "support judgment debtor" mean in this section?

Subdivision (d) defines it as a person owing a duty of support, including any past-due support or arrearage that exists.

Amendment History

Amended by Stats 2000 ch 808 (AB 1358), s 16, eff. 9/28/2000.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: workers compensation exemption californiaworkers comp exempt from creditors california