Earnings Assignment Order For Spousal Or Partner Support (Family Law) {FL-435} | Pdf Fpdf Doc Docx | California

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Earnings Assignment Order For Spousal Or Partner Support (Family Law) {FL-435} | Pdf Fpdf Doc Docx | California

Earnings Assignment Order For Spousal Or Partner Support (Family Law) {FL-435}

This is a California form that can be used for Family Law - Enforcement within Judicial Council.

Alternate TextLast updated: 5/30/2015

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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Index No. FOR COURT USE ONLY FL-435 : Plaintiff(s) : : : : Calendar No. TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): JUDICIAL SUBPOENA -against- SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: Defendant(s) BRANCH NAME: : ...................................................... PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: THE PEOPLE OF THE STATE OF NEW YORK EARNINGS ASSIGNMENT ORDER FOR SPOUSAL OR PARTNER SUPPORT CASE NUMBER: TO Modification TO THE PAYOR: This is a court order. You must withhold a portion of the earnings of (specify obligor's name and birthdate): GREETINGS: and pay as directed below. (An explanation of this order is printed on page 2 of this form.) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend THE COURT ORDERS the Honorable at the Court 1. You must pay part of the earnings of the employee or other person who has been ordered to pay support, as follows: located at a. County of $ per month current spousal or partner support b. c. Total deductions per month: 2. $ before , in room , on the day of , 20 , at noon, and at any recessed $ per month spousal or partner support arrearages o'clock in the or adjourned date, to testify and give evidence as a witness in this action on the part of the The payments ordered under item 1a must be paid to (name, address): 3. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to under item 1b must be paid to (name, address): The payments ordered comply. Witness, Honorable , one of the Justices of the Court in County, day of , 20 4. The payments ordered under item 1 must continue until further written notice from the payee or the court. 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. (Attorney must sign above and type name below) 6. This order affects all earnings that are payable beginning as soon as possible but not later than 10 days after you receive it. 7. 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. 5. Attorney(s) for 8. Other (specify): Office and P.O. Address 9. For the purposes of this order, spousal or partner support arrearages are set at: $ Date: as of (date): Form Adopted for Mandatory Use Judicial Council of California FL-435 [Rev. January 1, 2005] Telephone No.: JUDICIAL OFFICER Facsimile No.: EARNINGS ASSIGNMENT ORDER FOR SPOUSAL E-Mail Address: OR PARTNER SUPPORT Mobile Tel. No.: (Family Law) Page 1 of 2 Family Code, §§ 299(d), 5208; Code of Civil Procedure, § 706.031; 15 U.S.C. §§ 1672­1673 www.courtinfo.ca.gov American LegalNet, Inc. www.USCourtForms.com INSTRUCTIONS FOR EARNINGS ASSIGNMENT ORDER 1. DEFINITION OF IMPORTANT WORDS IN THE EARNINGS ASSIGNMENT ORDER a. Earnings: (1) Wages, salary, bonuses, vacation pay, retirement pay, and commissions paid by an employer; (2) Payments for services of independent contractors; (3) Dividends, interest, rents, royalties, and residuals; (4) Patent rights and mineral or other natural resource rights; (5) Any payments due as a result of written or oral contracts for services or sales, regardless of title; (6) Payments due for workers' compensation temporary benefits, or payments from a disability or health insurance policy or program; and (7) Any other payments or credits due, regardless of source. b. Earnings assignment order: a court order issued in 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. 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. c. Obligor: any person ordered by a court to pay support. The obligor is named before item 1 in the order. d. Obligee: the person or governmental agency to whom the support is to be paid. e. Payor: the person or entity, including an employer, that pays earnings to an obligor. 2. 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. 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. 3. SPECIAL INSTRUCTIONS FOR PAYORS WHO ARE EMPLOYERS a. 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 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 FL-435 [Rev. January 1, 2005] security, (3) state income tax, (4) state disability insurance, and (5) payments to public employees' retirement systems. 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 case. If the obligor has more than one assignment fo

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