How Do I Get a Wage Assignment?

If you have a court order for spousal or partner support, you have a right to collect that support by way of a wage assignment.

Step 1. First get a copy of the following 3 court forms and fill them in:

Earnings Assignment Order for Spousal or Partner Support (Form FL-435)
See the instructions for this form.

If your former spouse or partner has missed one or more payments, then you may be able to include an additional amount each month to pay off the back support owed by completing the:

Declaration of Payment History (Form FL-420)
Payment History Attachment (Form FL-421)

Step 2. Attach a copy of your Spousal or Partner Support order to form FL-435.

Step 3. Take the three forms, with the copy of the Spousal or Partner Support order, to the Family Law Facilitator’s Office so they can submit your request to the judge. (There may be regional differences in who gives your forms to the judge. Please check with your local court, as necessary.)

To find the Family Law Facilitator’s Office in your area, click here.

Step 4. In Contra Costa County, you can pick up your signed wage assignment order from the Family Law Facilitator’s Office in about one week. (If you live in another county, please ask when and where you should pick it up.)

Step 5. After the Wage Assignment form (FL-435) has been signed by the judge, make three photocopies of it.

Step 6. Go back to the clerk’s office and file the original and all copies of these forms. For a reminder of how to file forms at the courthouse, click here.

Step 7. Next, get a copy of the form called:

Request for Hearing Regarding Earnings Assignment (Form FL-450)

Step 8. Have a copy of the Earnings Assignment Order for Spousal or Partner Support (form FL-435) that was signed by the judge - AND the Request for Hearing Regarding Earnings Assignment (form FL-450) - served on the employer of the person whose pay will be taken for the support. You can have these forms served by mail by another adult who is not involved in the case.

REMEMBER: You cannot serve the papers yourself.
Another adult (who is 18 years old or older) who is not involved in the case should be asked to serve the papers for you.

Step 9. Have a copy of the Earnings Assignment Order for Spousal or Partner Support (form FL-435) that was signed by the judge served on the person whose pay will be taken for the spousal or partner support. You can also have these forms served by mail by another adult who is not involved in the case.

Step 10. Ask the person who served the forms for you to fill out “Proof of Service” forms, sign them and give them to you for filing.

For personal service -- The person who served the documents is to fill out and sign:

Proof of Personal Service (Form FL-330)

For service by mail -- The person who mailed the documents is to fill out and sign:

Proof of Service by Mail (Form FL-335)

Step 11. Take signed original Proof of Service forms, plus one photocopy of each to the court clerk. The clerk will keep the original and stamp the photocopy “Filed” and return it to you. Keep it in a safe place.

REMEMBER: If you have any questions about filing and serving wage assignments, you can ask your Family Law Facilitator for help.

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