Court Opinions

State Laws

US Code

US Constitution

California Family Code Section 5238

Legal Research Home > California Laws > Family Code > California Family Code Section 5238

5238.  (a) Where an assignment order or assignment orders include
both current support and payments towards the liquidation of
arrearages, priority shall be given first to the current child
support obligation, then the current spousal support obligation, and
thereafter to the liquidation of child and then spousal support
arrearages.
   (b) Where there are multiple assignment orders for the same
employee, the employer shall prorate the withheld payments as
follows:
   (1) If the obligor has more than one assignment for support, the
employer shall add together the amount of support due for each
assignment.
   (2) If 50 percent of the obligor's net disposable earnings will
not pay in full all of the assignments for support, the employer
shall prorate it first among all of the current support assignments
in the same proportion that each assignment bears to the total
current support owed.
   (3) The employer shall apply any remainder to the assignments for
arrearage support in the same proportion that each assignment bears
to the total arrearage owed.



5238.  (a) Where an assignment order or assignment orders include
both current support and payments towards the liquidation of
arrearages, priority shall be given first to the current child
support obligation, then the current spousal support obligation, and
thereafter to the liquidation of child and then spousal support
arrearages.
   (b) Where there are multiple assignment orders for the same
employee, the employer shall prorate the withheld payments as
follows:
   (1) If the obligor has more than one assignment for support, the
employer shall add together the amount of support due for each
assignment.
   (2) If 50 percent of the obligor's net disposable earnings will
not pay in full all of the assignments for support, the employer
shall prorate it first among all of the current support assignments
in the same proportion that each assignment bears to the total
current support owed.
   (3) The employer shall apply any remainder to the assignments for
arrearage support in the same proportion that each assignment bears
to the total arrearage owed.

Last modified: February 22, 2013