(a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section of Title 15 of the United States Code1672) of the judgment debtor, plus any amount withheld from the judgment debtor's earnings pursuant to any earnings assignment order for support, is exempt from levy under this chapter where the earnings withholding order is a withholding order for support under Section 706.030.
§ 706.052.Exemption Where Withhold Order For Support
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 3. Restrictions on Earnings Withholding · Last amended 1994 · Last verified July 28, 2026
In one sentenceSection 706.052 exempts half of a judgment debtor's disposable earnings, plus any amount already withheld under a support assignment order, from a withholding order for support, unless a court orders an equitable division of earnings that accounts for everyone the debtor must support, capped at the federal support-withholding maximum.
Full Text of § 706.052
(b) Except as provided in subdivision (c), upon motion of any interested party, the court shall make an equitable division of the judgment debtor's earnings that takes into account the needs of all the persons the judgment debtor is required to support and shall effectuate such division by an order determining the amount to be withheld from the judgment debtor's earnings pursuant to the withholding order for support.
(c) An order made under subdivision (b) may not authorize the withholding of an amount in excess of the amount that may be withheld for support under federal law under Section of Title 15 of the United States Code1673.
Plain-English Summary
Support withholding follows its own exemption formula, separate from the ordinary cap in § 706.050. The default rule in subdivision (a) protects half of the judgment debtor's disposable earnings — measured under the federal definition — plus whatever is already being withheld under any earnings assignment order for support, from being reached by a withholding order for support.
That default isn't fixed if circumstances call for something different. Subdivision (b) lets any interested party move the court for an equitable division of the debtor's earnings that weighs the needs of everyone the debtor is legally required to support, and the court implements that division through an order setting the actual amount to be withheld.
Whatever the court orders under subdivision (b), it can't exceed the outer limit federal law sets for support withholding. That federal ceiling — higher than the ordinary garnishment cap in § 706.050 precisely because support obligations get priority treatment — still bounds how much of a paycheck a support order can ultimately reach.
Frequently Asked Questions
How much of my paycheck is protected from a child or spousal support garnishment?
By default, half of your disposable earnings, plus whatever is already being withheld under a separate earnings assignment order for support, is exempt — though a court can order a different equitable division under § 706.052(b).
Can a court change the standard 50% exemption for support withholding?
Yes. Section 706.052(b) lets an interested party ask the court for an equitable division of earnings that accounts for everyone the debtor supports, resulting in a court-set withholding amount.
Is there an upper limit on how much a court can order withheld for support?
Yes. Subdivision (c) caps any court-ordered division at the maximum support-withholding amount allowed under federal law.
Amendment History
Amended by Stats. 1992, Ch. 163, Sec. 48. 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
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