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§ 706.051.Exemption of Amount Necessary For Support of Debtor Or Debtor's Family

Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 3. Restrictions on Earnings Withholding · Last amended 2012 · Last verified July 28, 2026

In one sentenceSection 706.051 lets a judgment debtor keep whatever portion of wages the debtor proves is needed to support the debtor or the debtor's family from an ordinary earnings withholding order, unless the underlying debt falls into one of four excluded categories.

Full Text of § 706.051

Text sizeJump to: (a) (b) (c)

(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 that 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 pursuant to an order or award for the payment of attorney's fees under Section 2030, 3121, or 3557 of the Family Code.
(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).

Plain-English Summary

This is the general "necessary for support" exemption that runs alongside the flat percentage cap in § 706.050. Where § 706.050 protects a fixed slice of every paycheck regardless of need, § 706.051 lets a debtor go further and claim additional wages are exempt by showing they're needed to support the debtor or the debtor's family — including a spouse or former spouse the debtor is helping to support, which subdivision (a) specifically folds into the definition of "family."

That protection isn't universal. Subdivision (c) carves out four situations where the support exemption doesn't apply: debts for attorney's fees ordered under the Family Code's marital-dissolution fee-shifting provisions, debts owed to an employee or former employee for personal services, withholding orders that are themselves for support (since § 706.052 already sets the rules for those), and orders issued under the separate state-tax withholding track in Article 4. A debtor facing one of those four kinds of debt can't use § 706.051 to shield more of a paycheck than § 706.050 already protects.

In practice, this exemption gets invoked through the claim-of-exemption procedure in § 706.105, which lets a debtor ask the court to look past the flat percentage formula and protect a larger share of earnings based on actual financial need.

Frequently Asked Questions

What does the § 706.051 support exemption add beyond the standard wage garnishment cap?

It lets a judgment debtor claim that wages beyond the flat percentage already protected by § 706.050 are still exempt, by proving those additional wages are necessary to support the debtor or the debtor's family.

Does the § 706.051 exemption count a spouse as part of the debtor's family?

Yes. Subdivision (a) defines "family of the judgment debtor" to include the debtor's spouse or former spouse for purposes of this exemption.

When does the § 706.051 support exemption NOT apply?

Subdivision (c) excludes four kinds of debt: certain Family Code attorney's fee awards, debts for personal services owed to an employee or former employee, support withholding orders under § 706.030, and state tax withholding orders under Article 4 (commencing with § 706.070).

How does a debtor claim this exemption?

Through the claim-of-exemption procedure set out in § 706.105, which lets the debtor ask the court to protect wages beyond the standard percentage based on proven financial need.

Amendment History

Amended by Stats 2011 ch 694 (AB 1388),s 1, eff. 1/1/2012.

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
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