Can I Fight a Wage Assignment in Court?
In general, you cannot fight a wage assignment in court because wage assignments are allowed by law.
However, there are some circumstances in which you can object to the wage assignment issued to your employer.
If you object to the wage assignment and would like a court hearing to present your side of the story, you need to file court form FL-450 (Request for Hearing Regarding Earnings Assignment) within 10 days of receiving your copy of the wage assignment.
- Your employer should have received a Request for Hearing Regarding Earnings Assignment (form FL-450) with the wage assignment so you can ask him or her for the form.
- If your employer did NOT receive the form, you can get a copy at the courthouse or by clicking here, (Form FL-450).
1. Read form FL-450 carefully. Note that the situations where you would use this form are very rare. The judge will only hear the issue of whether or not the wage assignment is valid.
You cannot use this form if you simply do not agree with the amount the court ordered you to pay. If you disagree with your underlying support order, then you need to file the proper paperwork to modify your spousal or partner support order. To learn how to do this, click here.
2. Fill in the form if you object to the wage assignment for one of the reasons listed on pages 1 and 2. (Page 3 is an information sheet with instructions to help you understand what is required.)
- Note that at the bottom of page 2, the name and address of your former spouse or partner are required.
- You will also need to give the court clerk one stamped envelope addressed to you, and one stamped envelope addressed to your former spouse or partner, so the clerk can mail a copy of this form to each of you.
3. File your request with a court clerk. For a reminder of how to file forms at the courthouse, click here.
4. After you file the request, the court clerk will notify you by mail of the date, time and location of the hearing. For a reminder of how to prepare for a court hearing, click here.
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