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Earnings Withholding Order For Elder And Dependent Adult Financial Abuse WG-030 - California

Earnings Withholding Order For Elder And Dependent Adult Financial Abuse Form. This is a California form and can be used in Wage Garnishment Judicial Council .
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WG-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): LEVYING OFFICER (Name and Address) TELEPHONE NO.: E-MAIL ADDRESS: ATTORNEY FOR (Name): FAX NO. : SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: EARNINGS WITHHOLDING ORDER FOR LEVYING OFFICER FILE NUMBER: ELDER OR DEPENDENT ADULT FINANCIAL ABUSE (Wage Garnishment) EMPLOYEE: KEEP YOUR COPY OF THIS LEGAL PAPER. EMPLEADO: GUARDE ESTE PAPEL OFICIAL. EMPLOYER: Enter the following date to assist your record keeping. Date this order was received by employer (specify the date of personal delivery by levying officer or registered process server or the date mail receipt was signed): TO THE EMPLOYER REGARDING YOUR EMPLOYEE: Name and address of employer Name and address of employee Social Security No. on form WG-035 unknown 1. A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of the earnings of the employee (see instructions on reverse of this form). Pay the withheld sums to the levying officer (name and address above ). If the employee works for you now, you must give the employee a copy of this order and the Employee Instructions (form WG-003) within 10 days after receiving this order. Complete both copies of the Employer's Return (form WG-005) and mail them to the levying officer within 15 days after receiving this order, whether or not the employee works for you. 2. a. The total amount due is: $ b. The amount arising from an elder or dependent financial abuse claim is: $ Count 10 calendar days from the date when you received this order. If your employee's pay period ends before the tenth day, do not withhold earnings payable for that pay period. Do withhold from earnings that are payable for any pay period ending on or after that tenth day. Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings payable before the beginning of the earnings withholding period. 3. The judgment was entered in the court on (date): The judgment creditor (if different from the plaintiff) is (name): 4. The EMPLOYER'S INSTRUCTIONS on the reverse tell you how much of the employee's earnings to withhold each payday. Follow those instructions unless you receive a court order or order from the levying officer giving you other instructions. Date: (TYPE OR PRINT NAME) LEVYING OFFICER (SIGNATURE) REGISTERED PROCESS SERVER Page 1 of 2 Code of Civil Procedure, ยงยง 706.023 706.108, 706.052 www.courts.ca.gov (Employer's Instructions on reverse) Form Adopted for Mandatory Use Judicial Council of California WG-030 [Rev. July 1, 2014] EARNINGS WITHHOLDING ORDER FOR ELDER OR DEPENDENT ADULT FINANCIAL ABUSE (Wage Garnishment) American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO EMPLOYER ON EARNINGS WITHHOLDING ORDERS The instructions in paragraph 1 on the reverse of this form describe your COMPUTATION INSTRUCTIONS early duties to provide information to your employee and the levying officer. Your other duties are TO WITHHOLD THE CORRECT AMOUNT OF EARNINGS (if any) and PAY IT TO THE LEVYING OFFICER during the withholding period. The withholding period is the period covered by the Earnings Withholding Order (this order). The withholding period begins ten (10) calendar days after you receive the order and continues until the total amount due, plus additional amounts for costs and interest (which will be listed in a levying officer's notice), is withheld. It may end sooner if (1) you receive a written notice signed by the levying officer specifying an earlier termination date, or (2) an order of higher priority (explained on the reverse of the EMPLOYER'S RETURN) is received. You are entitled to rely on and must obey all written notices signed by the levying officer. The Employer's Return (form WG-005) describes several situations that could affect the withholding period for this order. If you receive more than one Earnings Withholding Order during a withholding period, review that form (Employer's Return) for instructions. If the employee stops working for you, the Earnings Withholding Order ends after no amounts are withheld for a continuous 180-day period. If withholding ends because the earnings are subject to an order of higher priority, the Earnings Withholding Order ends after a continuous two-year period during which no amounts are withheld under the order. Return the Earnings Withholding Order to the levying officer with a statement of the reason it is being returned. WG-030 State and federal law limits the amount of earnings that can be withheld. The limitations are based on the employee's disposable earnings, which are different from gross pay or take-home pay. To determine the CORRECT AMOUNT OF EARNINGS TO BE WITHHELD (if any), compute the employee's disposable earnings. (A) Earnings include any money (whether called wages, salary, commissions, bonuses, or anything else) that is paid by an employer to an employee for personal services. Vacation or sick pay is subject to withholding as it is received by the employee. Tips are generally not included as earnings since they are not paid by the employer. (B) Disposable earnings are the earnings left after subtracting the part of the earnings a state or federal law requires an employer to withhold. Generally these required deductions are (1) federal income tax, (2) federal social security, (3) state income tax, (4) state disability insurance, and (5) payments to public employee retirement systems. Disposable earnings will change when the required deductions change. After the employee's disposable earnings are known, use the chart below to determine what amount should be withheld. In the column listed under the employee's pay period, find the employee's disposable earnings. The amount shown below that is the amount to be withheld. For example, if the employee is paid disposable earnings of $1000 twice a month (semi-monthly), the correct amount to withhold is 25 percent each payday, or $250. The chart below is based on the state minimum wage that is in effect on July 1, 2014. It will change when the minimum wage changes. Restrictions are based on the minimum wage effective at the time the earnings
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