(a) Nothing in this chapter affects an earnings assignment order for support.
§ 706.031.Priority of Withholding Order For Support
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 2. General Provisions · Last amended 1994 · Last verified July 28, 2026
In one sentenceSection 706.031 preserves earnings assignment orders for support as a separate, higher-priority mechanism than any earnings withholding order, letting both operate on the same paycheck simultaneously so long as the combined amount withheld stays within the caps set by Article 3 or, for tax orders, Article 4.
Full Text of § 706.031
(b) An earnings assignment order for support shall be given priority over any earnings withholding order. An employer upon whom an earnings assignment order for support is served shall withhold and pay over the earnings of the employee pursuant to the assignment order notwithstanding the requirements of any earnings withholding order. When an employer is required to cease withholding earnings pursuant to an earnings withholding order, the employer shall notify the levying officer who served the earnings withholding order that a supervening earnings assignment order for support is in effect.
(c) Subject to subdivisions (b), (d), and (e), an employer shall withhold earnings of an employee pursuant to both an earnings assignment order for support and an earnings withholding order.
(d) The employer shall withhold pursuant to an earnings withholding order only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order does not exceed the amount that may be withheld under Article 3 (commencing with Section 706.050).
(e) The employer shall withhold pursuant to an earnings withholding order for taxes only to the extent that the sum of the amount withheld pursuant to any earnings assignment order for support and the amount withheld pursuant to the earnings withholding order for taxes does not exceed the amount that may be withheld under Article 4 (commencing with Section 706.070).
Plain-English Summary
This section draws the line between two different support-collection tools. An earnings assignment order for support — the mechanism under the Family Code and Probate Code referenced in § 706.011(d) — isn't affected by anything in this chapter, and it outranks every earnings withholding order. When an employer must stop withholding under an earnings withholding order because a support assignment order takes over, the employer notifies the levying officer of the earlier order.
The two mechanisms can run side by side. Subdivision (c) lets an employer withhold under both an earnings assignment order for support and an earnings withholding order at the same time, but subdivisions (d) and (e) cap the combined total: the amount withheld under the earnings withholding order can't push the combined total above what Article 3 (§ 706.050) allows for an ordinary order, or what Article 4 (§ 706.070) allows if the second order happens to be a withholding order for taxes.
Frequently Asked Questions
Is an earnings assignment order for support the same thing as an earnings withholding order for support?
No. An earnings assignment order for support arises under separate family law and probate provisions, not this chapter, and it isn't affected by anything in this chapter.
Can an employer withhold under both an earnings assignment order for support and an earnings withholding order?
Yes, simultaneously, but the combined amount can't exceed the cap set by Article 3, or by Article 4 if the second order is a withholding order for taxes.
Which order wins if both apply to the same paycheck?
The earnings assignment order for support has priority; the earnings withholding order is honored only to the extent room remains under the applicable combined cap.
Amendment History
Amended by Stats. 1992, Ch. 163, Sec. 47. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: earnings assignment order for support priority california