What’s the most child support can take from my paycheck in California?

What the law says

15 U.S.C. section 1673(b)(2): the amount withheld for a support order “shall not exceed” 50 percent of disposable earnings “where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used),” and 60 percent “where such individual is not supporting such a spouse or dependent child described in clause (A),” and these become 55 and 65 percent “if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.” Section 1672(b) defines disposable earnings as “that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.”

Form FL-195, the Income Withholding for Support order, tells employers: “You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) [15 USC § 1673 (b)]; or 2) the amounts allowed by the law of the state of the employee/obligor’s principal place of employment if the place of employment is in a state”; the form goes on to cover tribal employers.

Family Code section 5230(a) has the earnings assignment cover the support ordered plus an amount toward arrears, and section 5233 has the employer start withholding no later than 10 days after the order is served on it, unless the order states a later date. Section 5238(a) gives priority to current child support, then current spousal support, then arrears. For a support withholding order under the wage garnishment law, Code of Civil Procedure section 706.052(a) exempts one-half of disposable earnings, plus anything already withheld under an earnings assignment for support, unless the court makes a different division on a motion under section 706.052(b), which still cannot exceed the federal limit.

• 15 U.S.C. section 1673 (law.cornell.edu)
• 15 U.S.C. section 1672 (law.cornell.edu)
• Form FL-195, Income Withholding for Support, Rev. January 22, 2024 (PDF)
• Family Code section 5230 (leginfo.legislature.ca.gov)
• Family Code section 5233 (leginfo.legislature.ca.gov)
• Family Code section 5238 (leginfo.legislature.ca.gov)
• Code of Civil Procedure section 706.052 (leginfo.legislature.ca.gov)

What to do next

If your income changed, ask the court to modify support. In an agency case, section 5246(e) lets you request a hearing, where the arrears rate can be reduced if it creates an undue hardship or exceeds the federal limit. Section 5235(a): if your employer withholds support, you “shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee.”

• Family Code section 5246 (leginfo.legislature.ca.gov)
• Family Code section 5235 (leginfo.legislature.ca.gov)
• How do I change my child support in California, like if I lost my job?
• Paying child support directly during wage garnishment
• Free California child support calculator