FL-435 - Earnings Assignment Order for Spousal or Partner Support

Summary

Earnings Assignment Order for Spousal or Partner Support

Text

Form ID: FL-435
Title: Earnings Assignment Order for Spousal or Partner Support
Effective Date: 2005-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-435
Primary Download URL: https://www.courts.ca.gov/documents/fl435.pdf
Form Detail Page:
Earnings Assignment Order for Spousal or Partner Support
(FL-435)
Tells an employer that the court made an order for spousal or partner support . The order tells the employer how much money to take out of the employee's paycheck and where to send it.
Get form FL-435
Effective: January 1, 2005
PDF Text:
FL-435
FOR COURT USE ONLY
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
EARNINGS ASSIGNMENT ORDER FOR SPOUSAL OR PARTNER SUPPORT
CASE NUMBER:
Modification
TO THE PAYOR: This is a court order.  You must withhold a portion of the earnings of (specify obligor’s name and birthdate):
and pay as directed below.  (An explanation of this order is printed on page 2 of this form.)
THE COURT ORDERS 
You must pay part of the earnings of the employee or other person who has been ordered to pay support, as follows:
a.
b.
per month current spousal or partner support
$ per month spousal or partner support arrearages
$
Total deductions per month: $
2. The payments ordered under it em 1a must be paid to (name, address):
The payments ordered under item 1b must be paid to (name, address):3.
The payments ordered under item 1 must continue until further written notice from the payee or the court.
5. This order modifies an existing order.  The amount you must withhold may have changed.  The existing order continues in 
effect until this modification is effective.
This order affects all earnings that are payable beginning as soon as possible but not later than 10 days after you receive it.
You must give the obligor a copy of this order and the blank Request for Hearing Regarding Earnings Assignment (form FL-450) 
within 10 days.
Other (specify):8.
as of (date):For the purposes of this order, spousal or partner support arrearages are set at:  $
Date:
JUDICIAL OFFICER
Page 1 of 2
Family Code, §§ 299(d), 5208;Form Adopted for Mandatory Use 
Judicial Council of California 
FL-435 [Rev. January 1, 2005]
EARNINGS ASSIGNMENT ORDER FOR SPOUSAL 
OR PARTNER SUPPORT
 (Family Law)
Code of Civil Procedure, § 706.031;
15 U.S.C. §§ 1672–1673
4.
6.
7.
9.
www.courtinfo.ca.gov
1.
c.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
E-MAIL ADDRESS (Optional):

INSTRUCTIONS FOR EARNINGS ASSIGNMENT ORDER
DEFINITION OF IMPORTANT WORDS IN THE EARNINGS 
ASSIGNMENT ORDER
security, (3) state income tax, (4) state disability insurance, 
and (5) payments to public employees’ retirement 
systems.Earnings:
Wages, salary, bonuses, vacation pay, retirement      After the obligor’s disposable earnings are known, 
withhold the amount required by the order, but never 
withhold more than 50 percent of the disposable 
earnings unless the court order specifies a higher 
percentage. Federal law prohibits withholding more than 
65 percent of disposable earnings of an employee in any
pay, and commissions paid by an employer;
Payments for services of independent contractors; 
Dividends, interest, rents, royalties, and residuals;
Patent rights and mineral or other natural resource
rights; case.
Any payments due as a result of written or oral 
contracts for services or sales, regardless of title;
     If the obligor has more than one assignment for 
support, add together the amounts of support due for 
all the assignments. If 50 percent of the obligor’s net 
disposable earnings will not pay in full all of the 
assignments for support, prorate it first among all of 
the current support assignments in the same 
proportion that each assignment bears to the total 
current support owed. Apply any remainder to the 
assignments for arrearage support in the same 
proportion that each assignment bears to the total 
arrearage owed. If you have any questions, please 
contact the office or person who sent this form to you. 
This office or person's name appears in the upper 
left-hand corner of the order.
Payments due for workers’ compensation temporary 
benefits, or payments from a disability or health 
insurance policy or program; and
Any other payments or credits due, regardless of
source.
Earnings assignment order:  a court order issued in
     Earnings should not be withheld for any other order 
until the amounts necessary to satisfy this order have 
been withheld in full.  However, an OrderlNotice to 
Withhold Income for Child Support for child support or 
family support has priority over this order for spousal or 
partner support.
If the employee's pay period differs from the period 
specified in the order, prorate the amount ordered withheld 
so that part of it is withheld from each of the obligor’s 
paychecks.
Obligor:  any person ordered by a court to pay support. 
The obligor is named before item 1 in the order.
If the obligor stops working for you, notify the office that 
sent you this form of that, no later than the date of the next 
payment, by first-class mail. Give the obligor’s last known 
address and, if known, the name and address of any new 
employer.
Obligee:  the person or governmental agency to whom 
the support is to be paid.
Payor:  the person or entity, including an employer, that 
pays earnings to an obligor. California law prohibits you from firing, refusing to hire, or
taking any disciplinary action against any employee 
ordered to pay support through an earnings assignment. 
Such action can lead to a $500 civil penalty per employee.
INFORMATION FOR ALL PAYORS.  Withhold money from
the earnings payable to the obligor as soon as possible but 
no later than 10 days after you receive the Earnings 
Assignment Order for Spousal or Partner Support. Send the 
withheld money  to the payee(s) named in items 2 and 3 of 
the order within 10 days of the pay date. You may deduct $1 
from the obligor’s earnings for each payment you make.
INFORMATION FOR ALL OBLIGORS.  You should have
received a Request for Hearing Regarding Earnings 
Assignment (form FL-450) with this Earnings Assignment 
Order for Spousal or Partner Support. If not, you may get one 
from either the court clerk or the family law facilitator. If you 
want the court to stop or modify your earnings assignment, 
you must file (by hand delivery or mail) an original copy of 
the form with the court clerk within 10 days of the date you 
received this order. Keep a copy of the form for your records.
     When sending the withheld earnings to the payee, state 
the date on which the earnings were withheld. You may 
combine amounts withheld for two or more obligors in a 
single payment to each payee, and identify what portion of 
that payment is for each obligor.
     You will be liable for any amount you fail to withhold 
and can be cited for contempt of court.      If you think your support order is wrong, you can ask for a 
modification of the order or, in some cases, you can have the 
order set aside and have a new order issued. You can talk to 
an attorney or get information from the family law facilitator 
about this.
SPECIAL INSTRUCTIONS FOR PAYORS WHO ARE 
EMPLOYERS
State and federal laws limit the amount you can
withhold and pay as directed by this order. This limitation 
applies only to earnings defined above in item 1a(1) and
SPECIAL INFORMATION FOR THE OBLIGOR WHO IS AN 
EMPLOYEE.  State law requires you to notify the payees 
named in items 2 and 3 of the order if you change your 
employment. You must provide the name and address of 
your new employer.
are usually half the obligor’s disposable earnings.
     Disposable earnings are different from gross pay 
or take-home pay. Disposable earnings are earnings left 
after subtracting the money that state or federal law 
requires an employer to withhold. Generally these 
required deductions are (1) federal income tax, (2) social
Page 2 of 2FL-435 [Rev. January 1, 2005] EARNINGS ASSIGNMENT ORDER FOR SPOUSAL 
OR PARTNER SUPPORT
 (Family Law)
1. 
a. 
(1)  
(2)  
(3)  
(4)  
(5)  
(6)  
(7)  
b. 
every court case in which one person is ordered to pay 
for the support of another person. This order has priority 
over any other orders such as garnishments or earnings
withholding orders.
c. 
d. 
e. 
2. 
3. 
a. 
b. 
c. 
d. 
4. 
5.

Retrieval chunks

• #1

  Form ID: FL-435 Title: Earnings Assignment Order for Spousal or Partner Support Effective Date: 2005-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-435 Primary Download URL: https://www.courts.ca.gov/documents/fl435.pdf Form Detail Page: Earnings Assignment Order for Spousal or …

• #2

  TELEPHONE NO.: FAX NO. (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: E-MAIL ADDRESS (Optional): INSTRUCTIONS FOR EARNINGS ASSIGNMENT ORDER DEFINITION OF IMPORTANT WORDS IN THE EARNINGS ASSIGNMENT ORDER security, (3) …

• #3

  so that part of it is withheld from each of the obligor’s paychecks. Obligor: any person ordered by a court to pay support. The obligor is named before item 1 in the order. If the obligor stops working for you, notify the office that sent you this form of that, no later than the date of the next payment, by fir…

• #4

  withhold and pay as directed by this order. This limitation applies only to earnings defined above in item 1a(1) and SPECIAL INFORMATION FOR THE OBLIGOR WHO IS AN EMPLOYEE. State law requires you to notify the payees named in items 2 and 3 of the order if you change your employment. You must provide the name and…