Fill and Sign the Fillable Online Famguardian1 Notice of Wage and Earnings Form

GOVERNMENTAL AGENCY (pursuant to Welf. & Inst. Code, §§ 11475.1, 11478.2):FOR COURT USE ONLYSUPERIOR COURT OF CALIFORNIA, COUNTY OF MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:NOTICE OF WAGE AND EARNINGS ASSIGNMENTMODIFIEDCASE NUMBER:SPOUSAL SUPPORTCHILD SUPPORTFAMILY SUPPORTTO THE PAYOR: There is a court order for support. You are required to withhold part of the earnings or other money owed to (Obligor's name and date of birth): and pay as directed below. Instructions for this notice are printed on the reverse. The amounts you are required to pay areper month child support arrearages per month spousal support arrearages per month family support arrearages per month current child support per month current spousal support per month current family supportper month for other (specify):e.a.$$f.b.$$$ $c.d.$The most recent support order was filed on (specify date):This notice affects all money due the Obligor beginning as soon as possible, but not later than 10 days after you receive this notice. If the "modified" box is checked above, the amount you must withhold may have changed. The existing order is still in effect until the first withholding based on this notice. Give the Obligor a copy of this notice and the blank Request for Hearing (form 1299.28) as soon as possible, but not later than 10 days from the date you receive this form.Other (specify):For purposes of this notice the Obligor owes arrearage as follows:Interest included?As of (date)AmountnoyesChild supporta.noyesFamily supportb.noyesSpousal supportnoyesOther (specify):d.Interest that has not been calculatedor included is not waived.NOTICE OF WAGE AND EARNINGS ASSIGNMENT (Governmental)Family Code, § 5246; Code of Civil Procedure, § 706.031; 15 U.S.C., §§ 1672-1673 Form Approved by Rule 1299.25 Judicial Council of California 1299.25 [Rev. July 1,1998]STREET ADDRESS: g.1.2.3.4.Send all payments to the following governmental agency (specify name and address): 5.6.7.8.9.c.The TOTAL amount owed each month will continue until further notice from the district attorney's office.(Information and instructions on reverse)1299.25TELEPHONE NO.:FAX NO.:TOTAL DEDUCTIONS PER MONTH:$ h.WEST GROUP Official Publisher INSTRUCTIONS FOR THE NOTICE OF WAGE AND EARNINGS ASSIGNMENTDEFINITIONS OF IMPORTANT WORDS IN THE NOTICE OF WAGE AND EARNINGS ASSIGNMENT: 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 security, (3) state income tax, (4) state disability insurance, and (5) payments to public employees' retirement systems.Earnings:wages, salary, bonuses, vacation pay, retirement pay, and commissions paid by an employer; payments for services of independent contractors; dividends, interest, rents, royalties, and residuals; patent rights and mineral or other natural resource rights; After the Obligor's disposable earnings are known, withhold the amount required by the Notice, 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.any payments due as a result of written or oral contracts for services or sales, regardless of title;any other payments or credits due regardless of source. If the Obligor has more than one assignment for support, add together the amount of support due for each assignment. If 50 percent of the Obligor's net disposable earnings will not pay in full all of the assignments for support, prorate it first among all of the current support assignments in the same pro- portion that each assignment bears to the total current support owed. Apply any remainder to the assign- ments for arrearage support in the same proportion that each assignment bears to the total arrearage owed. If you have any questions, please contact the office that sent this form to you. This office's name appears in the upper left-hand corner of the Notice. Notice of Wage and Earnings Assignment: notice that is sent to employers to implement a court order for sup- port. The court order may be for child, spousal, or family support. This order has top 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. When this Notice is for child support or family support, it has top priority over a similar order for spousal support. The front of this form tells which types of support the order is for.If the employee is paid by a different time period from that specified in the order, prorate the amount ordered to be withheld so part of it is withheld from each of the Obligor's paychecks. Obligor: any person ordered by a court to pay child support, spousal support, or family support. The Obligor is named before item 1 on the Notice.c. If the Obligor stops working for you, notify the office that sent you this form no later than the date of the next pay- ment, by first-class mail. Give the Obligor's last known ad- dress and, if known, the name and address of any new employer. e. d. California law prohibits you from firing, refusing to hire, or taking any disciplinary action against any employee ordered to pay support through a wage and earnings as- signment. Such action can lead to a $500 civil penalty per employee. 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 Notice of Wage and Earnings Assignment. Send the money withheld to the payee named in item 4 on the notice within 10 days of the pay date. You may deduct $1 from the Obligor's earnings for each payment you make.4. INFORMATION FOR ALL OBLIGORS: You should have received a Request for Hearing Regarding Wage and Earn- ings Assignment (form 1299.28) with the Notice of Wage and Earnings Assignment to request a hearing. If not, you may get one from either the court clerk or the district attorney. If you want the court to stop or modify your wage assignment you must file (hand-deliver or mail) an original copy of the form with the court clerk within 10 days of the date you received this Notice. Keep a copy of the form for your records. When sending the withheld earnings to the payee, state the date that the earnings were withheld. You may combine amounts withheld for more than one Obligor 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. If you think your child support order is wrong, you can ask for a modification of the order, or in some cases, you can have the order set aside and have a new order issued. You can talk to an attorney or get information from the court about this. SPECIAL INSTRUCTIONS FOR PAYORS WHO ARE EMPLOYERS:5. a. SPECIAL INFORMATION FOR THE OBLIGOR WHO IS AN EMPLOYEE: State law requires you to notify the payee named in item 4 on the Notice if you change your employment. You must provide the name and address of your new employer.State and federal laws limit the amount that you can withhold and pay as directed by this Notice. This limitation applies only to earnings defined above in item 1a(1) and are usually half the Obligor's disposable earnings.NOTICE OF WAGE AND EARNINGS ASSIGNMENT (Governmental) 1299.25 [Rev. July 1, 1998]Page two 1. (1) (2) (3) (4) (5) (7) a. Payor: the person or entity, including an employer, that pays earnings to an Obligor. 2. 3.b. c. d. Obligee: the person to whom the support is to be paid, including the district attorney or other governmental agency in some cases.b. (6)payments due for workers' compensation temporary benefits, or payments from a disability or health insur- ance policy or program; andWEST GROUP Official Publisher