§ 706.030.Withholding Order For Support
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 2. General Provisions · Last amended 2004 · Last verified July 28, 2026
Full Text of § 706.030
Plain-English Summary
A withholding order for support is a specialized earnings withholding order, always labeled as such on its face, used to collect overdue child or spousal support under a judgment. Subdivision (b) lets a local child support agency issue one directly on a notice of levy, without going through a court judgment first, and treats that agency as the "levying officer" for purposes of this chapter when it does.
Employers who receive one of these orders have real notice duties: deliver a copy of the order, the notice explaining the support obligor's rights, and the forms needed to request an administrative review or judicial hearing, all within ten days of service. An employer who fails to comply faces a civil penalty of $500 per occurrence. The support obligor can ask the local child support agency for an administrative review of the arrearage amount, or go to court — including by moving for an equitable division of earnings under § 706.052 — and the agency must tell the employer to pause withholding on disputed amounts while either process plays out.
Subdivision (c) locks in the priority scheme that runs through this whole chapter: a withholding order for support outranks every other earnings withholding order, and an employer must honor it even while another order is in effect, subject to the combined withholding cap of Article 3. It also automatically terminates one year after the employee's employment with that employer ends, and an employer who willfully fails to withhold and forward support owes the support obligee directly for what wasn't paid over.
Payments under a withholding order for support ultimately route through California's State Disbursement Unit once that system is operational, and amounts withheld get credited against the support judgment.
Frequently Asked Questions
What makes a withholding order for support different from an ordinary earnings withholding order?
It's issued to collect delinquent child, spousal, or former-spousal support, can be issued directly by a local child support agency without first going through a judgment, and takes top priority over other earnings withholding orders.
What must an employer do after being served with a withholding order for support?
Within ten days, deliver to the employee a copy of the order, a notice of rights, and the forms to request an administrative review or judicial hearing. Failing to do so triggers a $500 civil penalty per occurrence.
Can I dispute the amount being withheld for support arrears?
Yes. You can request an administrative review from the local child support agency, or seek judicial relief, including a motion for equitable division of earnings under § 706.052; disputed amounts are paused while the review or court process is pending.
Does a withholding order for support beat other garnishment orders already in place?
Yes. Section 706.030(c)(2) gives it priority over any other earnings withholding order, and the employer must honor it even while complying with another order, subject to Article 3's combined limits.
When does a withholding order for support automatically end?
One year after the employee's employment with that employer terminates, in addition to the general termination events under § 706.022.
Amendment History
Amended by Stats 2003 ch 387 (AB 739),s 1, eff. 1/1/2004. Amended by Stats 2001 ch 755 (SB 943), s 1, eff. 10/11/2001. Amended by Stats 2000 ch 808 (AB 1358), s 17, eff. 9/28/2000.