Article 3 - Restrictions on Earnings Withholding

California Code of Civil Procedure — §§ 706.050-706.052

Sections (3)

Repealed (in Sec. 1) and added by Stats. 2022, Ch. 849, Sec. 2. (SB 1477) Effective January 1, 2023. Operative September 1, 2023, by its own provisions.

(a)Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:

(1)Twenty percent of the individual’s disposable earnings for that week.

(2)Forty percent of the amount by which the individual’s disposable earnings for that week exceed 48 times the state minimum hourly wage in effect at the time the earnings are payable. If a judgment debtor works in a location where the local minimum hourly wage is greater than the state minimum hourly wage, the local minimum hourly wage in effect at the time the earnings are payable shall be used for the calculation made

pursuant to this paragraph.

(b)For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):

(1)For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).

(2)For a biweekly pay period, multiply the applicable hourly minimum wage by 96

work hours.

(3)For a semimonthly pay period, multiply the applicable hourly minimum wage by 104 work hours.

(4)For a monthly pay period, multiply the applicable hourly minimum wage by

208 work hours.

(c)This section shall become operative on September 1, 2023.

§ 706.051

Amended by Stats. 2011, Ch. 694, Sec. 1. (AB 1388) Effective January 1, 2012.

(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 that 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 pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code.

(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

Amended by Stats. 1992, Ch. 163, Sec. 48. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.

(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.