Get Conditional Income Withholding Order For Spousal Support - Ptla

Under California Family Code section 4057.5, the income of either parent's subsequent spouse shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to the children.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

What is an Income Withholding Order in Texas? Texas law provides for a court to enter a wage withholding order as a tool to help in collecting spousal maintenance (alimony) payments and child support payments. The order requires the employer of the party obligated to pay to withhold a portion of his paycheck.

A California family court will sometimes order spousal support, commonly referred to as alimony, when issuing a divorce order. Though the judge has flexibility in making their decision, they must make it based on the factors outlined in Family Code Section 4320.

The earnings assignment order tells your spouse's employer to take the support payments out of your spouse's pay. If your spouse also has a child support earnings assignment, the employer takes child support out first. Spousal or domestic partner support is taken out after that. The employer sends the money to you.

Family Code § 4058 specifically defines “income” available for support for the purposes of determining child support. Although this code section only references income of “parents,” it is still often used in the context of spousal support.

Garnish Wages to Collect Unpaid Spousal Support You can obtain a wage garnishment by filling out a Findings and Order After Hearing (FL-340) along with any attachments the judge required and an Earnings Assignment Order for Spousal or Partner Support (FL-435).

Family Code section 4058(b) gives the family court judge discretion to consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children.