If a court ordered payment on arrears has not been set, when a new employer for an obligor is located, and the obligor is delinquent with payments, the CSS computer system automatically issues a wage assignment for current support if applicable and an arrears payment. The payment amount for the arrearage will be 25% of the current child support order, if current support is being enforced. If the children have emancipated then the arrears assignment will be for 125% of the former child support order. If CSS was not enforcing a current support order, then the arrears payment will be set at 1.7% of the principle amount of the arrearage owed.
The obligor or counsel should contact the assigned Paralegal in Legal Team and request an administrative review of the wage assignment prior to filing a court action. (Family Code §17520). If a hardship is shown for the obligor, the wage assignment for the arrears payment can be reduced to an amount commensurate with the obligor’s ability to pay. In the majority of cases the Paralegal can resolve these issues without a court hearing.
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