SECTIONS 706.050-706.052 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 706.050-706.052

706.050. Except as otherwise provided in this chapter, the amount
of earnings of a judgment debtor exempt from the levy of an earnings
withholding order shall be that amount that may not be withheld from
the judgment debtor's earnings under federal law in Section 1673(a)
of Title 15 of the United States Code.

706.051. (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the judgment
debtor.
(b) Except as provided in subdivision (c), the portion of the
judgment debtor's earnings which the judgment debtor proves is
necessary for the support of the judgment debtor or the judgment
debtor's family supported in whole or in part by the judgment debtor
is exempt from levy under this chapter.
(c) The exemption provided in subdivision (b) is not available if
any of the following exceptions applies:
(1) The debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.
(2) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section
706.030.
(4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).

706.052. (a) Except as provided in subdivision (b), one-half of the
disposable earnings (as defined by Section 1672 of Title 15 of the
United States Code) of the judgment debtor, plus any amount withheld
from the judgment debtor's earnings pursuant to any earnings
assignment order for support, is exempt from levy under this chapter
where the earnings withholding order is a withholding order for
support under Section 706.030.
(b) Except as provided in subdivision (c), upon motion of any
interested party, the court shall make an equitable division of the
judgment debtor's earnings that takes into account the needs of all
the persons the judgment debtor is required to support and shall
effectuate such division by an order determining the amount to be
withheld from the judgment debtor's earnings pursuant to the
withholding order for support.
(c) An order made under subdivision (b) may not authorize the
withholding of an amount in excess of the amount that may be withheld
for support under federal law under Section 1673 of Title 15 of the
United States Code.