Administrative Wage Assignment 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 principal amount of the arrearage owed.
The obligor or counsel should contact CSS by dialing 1(866) 901-3212 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 may 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.
If the obligor's driver's license or other professional license has been suspended and the obligor has a job, and support and arrears are being paid by wage assignment, CSS will authorize the release of the license. Contact the SLMS hotline and provide the CSS case number and the obligor's license number. A letter will be faxed to the DMV or other licensing agency within 24 hours authorizing the release of the license. A release form will also be sent to your office. The obligor will need to take this release form to the DMV or other agency and pay a handling fee to have the license reissued.
If the obligor is employed but is not paying via a wage assignment, the SLMS hotline can authorize the release of the license. Contact the SLMS hotline and give them the obligor's employment information. As soon as this information is verified and the employer verifies that a wage assignment will be honored, the release will issue and a wage assignment will be sent to the employer.
If the obligor is unemployed and has a job offer contingent upon having a license, the obligor must bring CSS a letter from the employer indicating that the obligor will be hired when the license is released and that the employer will honor a wage assignment.
If the obligor is not employed, or he is self employed, he must come into CSS and meet with a Special Projects Officer, who will attempt to workout a payment plan with him or her. The license will be released contingent upon compliance with the plan.
Please call 866-901-3212 for assistance with credit reporting, license release, bank levies or any other question that you have. You may also send us a fax 714-347-8375.
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