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In some cases, the local child support agency (LCSA) is involved.
The LCSA is only involved if there is also a child support order in your case and 1 of you asked them for help enforcing all support payments (spousal/partner and child support).
The LCSA may also be involved if 1 of you gets public assistance for your children (like Cal WORKS).
If the LCSA is involved, the LCSA has to agree to have the wage assignment “stayed.” If the spouse/partner getting child and spousal or partner support is NOT getting public assistance, the LCSA will probably agree to both of you working the payments out between you.
After you get a spousal or partner support court order, your former spouse or domestic partner must start making support payments to you.
The court order will include a start date for the spousal or partner support.
In every case ordering spousal or partner support, the court will order that an earnings assignment (also called “wage garnishment”) be issued and served.
The earnings assignment tells the employer of the person ordered to pay support to take the support payments out that person’s wages.
It is the employer’s responsibility to withhold the wages if there is an earnings assignment.
After the court decides the amount of spousal or partner support, the earnings assignment (also called “wage garnishment”) tells the employer how much to deduct from each paycheck and where to send the payment.
With an earnings assignment, if the spouse/partner ordered to pay support is regularly employed, the employer will take support payments directly out of his or her paycheck.
If your former spouse or partner also has a child support earnings assignment in place, child support is deducted first.
When the local child support agency (LCSA) is NOT involved, both parents can agree that payments can be made in some other way and can ask that service of the earnings assignment (sending the earnings assignment to the employer) be “stayed” (put on hold).
In this situation, the former spouses/partners work out how spousal or partner support will be paid and handle it between them.