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California Code of Civil Procedure
Title 9. Enforcement of Judgments

706.050 - 706.052
   


DIVISION 2
CHAPTER 5 - WAGE GARNISHMENT
Article 3 -- Restrictions on Earnings Withholding

706.050. Except as otherwise provided in this chapter, the amount of earnings of a judgment debtor exempt from the levy of an earnings withholding order shall be that amount that may not be withheld from the judgment debtor's earnings under federal law in Section 1673(a) of Title 15 of the United States 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) Except as provided in subdivision (c), the portion of the judgment debtor's earnings which 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) The exemption provided in subdivision (b) is not available if any of the following exceptions applies:
(1) The debt was incurred for the common necessaries of life furnished to the judgment debtor or the family of the judgment debtor.
(2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section 706.030.
(4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).

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) 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) 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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For information purposes only, not to be considered legal advice. If you require legal advice please contact an attorney.
     
 
   
 
   
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