WG-004 Earnings Withholding Order for Support

Source: https://www.courts.ca.gov/documents/wg004.pdf

WG-004 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: LEVYING OFFICER (name and address): NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: EMAIL ADDRESS: ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: COURT CASE NUMBER: DEFENDANT/RESPONDENT: EARNINGS WITHHOLDING ORDER FOR SUPPORT LEVYING OFFICER FILE NUMBER: (Wage Garnishment)

EMPLOYEE: KEEP YOUR COPY OF THIS LEGAL PAPER. EMPLEADO: GUARDE ESTE PAPEL OFICIAL.

EMPLOYER: Enter the following date to assist your recordkeeping. Date this order was received by employer (specify the date of personal delivery by levying officer or registered process server or the date mail receipt was signed): TO THE EMPLOYER REGARDING YOUR EMPLOYEE: Name and address of employer Name and address of employee

Social Security No. on form WG-035 unknown

1. A judgment creditor has obtained this order to collect a court judgment against your employee. You are directed to withhold part of the earnings of the employee (see instructions on page 2 of this form). Pay the withheld sums to the levying officer (name and address above). If the employee works for you now, you must give the employee a copy of this order and Employee Instructions (form WG-003) within 10 days after receiving this order. Complete Employer's Return (form WG-005) and mail it to the levying officer within 15 days after receiving this order. You must do so even if the employee no longer works for you.
2. The total amount due is: $ Count 30 calendar days from the date you were served with this order. Do not withhold earnings payable for any pay period that ends before the 30th day. Do withhold from earnings that are payable for any pay period ending on or after that 30th day. If you receive notice that the employee has filed a claim of exemption, read the Employer's Instructions on page 2 of this form for more information about calculating the start of the withholding period. Continue withholding for all pay periods until you withhold the amount due. The levying officer will notify you of an assessment you should withhold in addition to the amount due. Do not withhold more than the total of these amounts. Never withhold any earnings payable before the beginning of the earnings withholding period.
3. The judgment was entered in the court shown above. The judgment creditor is (name):
4. The Employer's Instructions on page 2 of this form tell you how much of the employee's earnings to withhold each payday and contain special rules that apply to Earnings Withholding Order for Support (form WG-004). Follow those instructions unless you receive a court order or order from the levying officer giving you other instructions.

Date:

(TYPE OR PRINT NAME) (SIGNATURE)
LEVYING OFFICER REGISTERED PROCESS SERVER

Judicial Council of California, courts.ca.gov WG-004, Page 1 of 2Rev. January 1, 2026, Mandatory Form Earnings Withholding Order for Support Code Civ. Proc., §§ 706 030, 706.108, (Wage Garnishment)706.052

WG-004 EMPLOYER'S INSTRUCTIONS (EARNINGS WITHHOLDING ORDERS FOR SUPPORT) The instructions apply only to Earnings Withholding Orders for The Federal Wage Garnishment Law and federal rules provide Support (this order). Applicable instructions appear on other types the basic protections on which the California law is based. of Earnings Withholding Orders. Inquiries about the federal law will be answered by mail, The instructions in paragraph 1 on page 2 of this form describe telephone or personal interview at any office of the Wage and your initial duties to provide information to your employee and the Hour Division of the U.S. Department of Labor. The Wage and levying officer. Hour Division's contact information is available at Your other duties are TO WITHHOLD THE CORRECT AMOUNT dol.gov/agencies/whd/contact. OF EARNINGS (if any) and PAY IT TO THE LEVYING OFFICER during the withholding period. COMPUTATION INSTRUCTIONS The usual withholding period begins 30 calendar days after you State and federal law limit how much of an employee's earnings were served with Earnings Withholding Order for Support. can be withheld. These limits are based on the employee's However, if the employee files a claim of exemption and notifies disposable earnings, not their gross pay or take-home pay. you of the filing no later than 29 days after you were served with To determine the CORRECT AMOUNT OF EARNINGS TO BE Earnings Withholding Order for Support, then the withholding WITHHELD (if any), first compute the employee's disposable period begins 45 days after the date you were served with earnings. Earnings Withholding Order for Support. (A) Earnings include any money, (whether called wages, The withholding period for this order continues until one of two salary, commissions, bonuses or anything else) that is paid by an things happens: employer to an employee for personal services. Vacation or sick (1) You have withheld the total amount specified in the order, pay is subject to withholding as it is received by the employee. plus any amounts listed in a notice from the levying officer; or Tips are generally not included as earning since they are not paid (2) You receive a court order or notice signed by the levying by the employer. officer specifying a termination date. (B) Disposable earnings are the earnings left after subtractingYou are entitled to rely on and must obey all written notices the part of the earnings a state or federal law requires ansigned by the levying officer. employer to withhold. Generally these required deductions are Employer's Return (form WG-005) describes several situations (1) federal income tax, (2) federal social security, (3) state income that could affect the withholding period for this order. If you tax, (4) state disability insurance, and (5) payments to public receive more than one Earnings Withholding Order during a employees' retirement systems. Disposable earnings will change withholding period, review Employer's Return for instructions. when the required deductions change. Your duty to withhold does not end merely because the employee WITHHOLD 50 PERCENT of the disposable earnings for theno longer works for you. Withholding for Earnings Withholding Withholding Order for Support. For example, if the employee hasOrder for Support does not automatically terminate until one year monthly disposable earnings of $1,432, the sum of $716 would beafter the employment of the employee by the employer ends. withheld to pay to the levying officer on account of this order. WHAT TO DO WITH THE MONEY The amounts withheld during the withholding period must be paid Occasionally, the employee's earnings will also be subject to a to the levying officer by the 15th day of the next month after each Wage and Earnings Assignment Order, an order available for payday. If you wish to pay more frequently than monthly, each child support or spousal support. The amount required to be payment must be made within 10 days after the close of the pay withheld for that order should be deducted from the amount to be period. withheld for this order. For example, if the employee is subject to a Wage and Earnings Assignment Order and the employer isInclude the case number, levying officer's file number (if different required to withhold $300 per month to pay on that order, whenfrom the case number), and the employee's name on each the employer receives this Earnings Withholding Order forpayment to ensure the money is applied to the correct account. Support, the employer should deduct the $300 for the Wage

per month to pay on that order, whenfrom the case number), and the employee's name on each the employer receives this Earnings Withholding Order forpayment to ensure the money is applied to the correct account. Support, the employer should deduct the $300 for the Wage and WHAT IF YOU STILL HAVE QUESTIONS? Earnings Assignment Order from the $716 and pay the balanceThe garnishment law is contained in the Code of Civil Procedure to the levying officer each month for this order.beginning with section 706.010. Sections 706.022, 706.025, and 706.104 explain the employer's duties. IMPORTANT WARNINGS 1. IT IS AGAINST THE LAW TO FIRE THE EMPLOYEE BECAUSE OF EARNINGS WITHHOLDING ORDERS FOR THE PAYMENT OF ONLY ONE INDEBTEDNESS. No matter how many orders you receive, so long as they all relate to a single judgment (no matter how many debts are represented in that judgment) the employee may not be fired. 2. IT IS ILLEGAL TO AVOID AN EARNINGS WITHHOLDING ORDER BY POSTPONING OR ADVANCING THE PAYMENT OF EARNINGS. The employee's pay period must not be changed to prevent the order from taking effect. 3. IT IS ILLEGAL NOT TO PAY AMOUNTS WITHHELD FOR THE EARNINGS WITHHOLDING ORDER TO THE LEVYING OFFICER. Your duty is to pay the money to the levying officer, who will pay the money in accordance with the laws that apply to this case. IF YOU VIOLATE ANY OF THESE LAWS, YOU MAY BE HELD LIABLE TO PAY CIVIL DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION!

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