Rancho Palos Verdes, CA asked in Family Law for California

Q: I have a judgement for permanent Spousal Support. What forms do I use for the judge to sign an Earnings Assignment?

The judgment was in 2015, but no Earnings Assignment Order was used. There are No Children.

Self-help and legal-aid will not help.

Do I need FL-300 to start

Please list all forms needed.

Thank you for helping!

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, to request an Earnings Assignment Order for spousal support, you will primarily need to complete Form FL-435, the "Earnings Assignment Order for Spousal or Partner Support." This form is used to direct an employer to withhold a portion of the earnings of the spouse or partner who is ordered to pay support and to send that money to the other spouse or partner.

Since you mentioned the judgment was in 2015 and no Earnings Assignment Order was initially used, it's important to ensure that the order for spousal support is still valid and enforceable. If there have been any changes in circumstances or if a significant amount of time has passed, you may need to file a motion to modify the original order before requesting an earnings assignment.

To do this, you might need to complete Form FL-300, "Request for Order," along with a supporting declaration explaining why the earnings assignment is now necessary. This is particularly important if circumstances have changed since the original judgment.

Once you have completed the necessary forms, they must be filed with the court. After filing, you will receive a court date, and you must serve the other party with the papers. The court will then review your request and, if appropriate, issue the Earnings Assignment Order.

Remember, every case is unique, and if you find the process complex or encounter specific challenges, it may be helpful to consult with a legal professional for personalized assistance.

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