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Raising the amount being withheld for support in California

by Stan Burman

Raising the amount being withheld for support in California is the topic of this blog post.

The law that authorizes raising the amount being withheld for support in California is Code of Civil Procedure 706.052.

The percentage of disposable income to be withheld for overdue support such as child, spousal or family support can be raised from 50% to 55-65% depending on several factors.

Increasing the percentage of disposable monthly income to be withheld for support pursuant to Code of Civil Procedure section 706.052 can be an excellent tool for not only increasing the percentage of disposable income to be withheld for support but also in applying some powerful legal leverage to persuade the other party to contact you in an attempt to reach a settlement regarding the support arrearages.

Situations where you can request raising the amount being withheld for support in California.

Increasing the percentage of disposable income to be withheld for support is authorized by Federal law as well, namely Title 11 United States Code section 1673 which states that the percentage of disposable income that can be withheld for support may be increased as follows:

55% if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. See 11 U.S.C. § 1673(2)(B);

60% if the other party is not supporting such a spouse or dependent child described in clause (A). See 11 U.S.C. § 1673(2)(B);

65% if if the other party is not supporting such a spouse or dependent child described in clause (A) and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. See 11 U.S.C. § 1673(2)(B).

Requesting a raise in the amount withheld for support in California is not really that well known and is sometimes overlooked by some attorneys and other legal professionals that work in divorce and other family law cases in California.

In my personal opinion many of them may be under the mistaken but incorrect impression that there is no way to increase the percentage of disposable income to be withheld for support because “everyone knows that you can’t go higher than 50% because that’s the law.” That is NOT true if you qualify using the specific requirements under the law.

Sample motion requesting an order raising the amount being withheld for support in California for sale.

Attorneys or parties in California that would like to view a portion of an 11 page sample motion under Code of Civil Procedure section 706.052 containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration in Microsoft Word format sold by the author of this blog post can see below.

Sample Motion Under Code of Civil Procedure Section 706.052 by Stan Burman on Scribd

 

 

Attorneys or parties in California that would like more information on a California divorce document collection containing over 45 sample documents including a motion under Code of Civil Procedure section 706.052 to raise the amount withheld for support in California sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-divorce-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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