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What Is a Wage Assignment?

How wage assignment works.

  • Why Are Wage Assignments Voluntary?

Wage Garnishment

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Wage Assignment: What It Means, How It Works

what is wage assignment

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

Key Takeaways

  • A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
  • How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
  • A wage garnishment is an involuntary deduction and requires a court order.

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.

A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.

A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.

What Makes Wage Assignments Voluntary?

In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

How Long Can I Have a Wage Assignment?

Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.

How Much of My Income Can Go to Wage Assignments?

Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.

Is Wage Garnishment the Same as Wage Assignment?

While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.

Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.

West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."

Illinois Legal Aid. " Understanding Wage Assignment ."

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

  • A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
  • Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
  • Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Assignments and Garnishments: What Finance Leaders Need to Know

Jennifer S Kiesewetter Esq

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Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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Wage assignment and employers’ responsibilities

Business Management Daily Editors

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer.

Must we honor a payday loan wage assignment?

Q. An employee borrowed money from a payday loan service at a very high interest rate that I feel is unfair. The payday loan service sent me a “wage assignment” notice and told me that our company must withhold money from his paychecks.  What is a wage assignment, and does our company actually have to honor it? A. A wage assignment is a document that allows a creditor to attach part of the employee’s wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a court proceeding before requesting payment. Under the Illinois Wage Assignment Act (740 ILCS 170), private employers are obligated to honor a creditor’s properly served demand for a valid wage assignment, unless an employee presents a timely, valid , written defense to the wage assignment.

What constitutes a valid assignment?

Q. How can I tell if a wage assignment is valid? How long is it valid? A. A valid wage assignment document must have the words “Wage Assignment” printed or written in boldface letters of not less than ¼ inch in height at the head of the wage assignment and one inch above or below the line where the employee signs the assignment. The employee must have signed the document in person, and the document must show the date of execution, the employee’s Social Security number, the name of the employer at the time of execution, the amount of money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential to be paid, if any, and the date on which such payments are due. A wage assignment is valid for no more than three years after the employee signs it and the employer’s name appears on it. If the employee changes jobs, the wage assignment is valid for two years, even though the new employer’s name does not appear on the assignment.

Handling wage assignments

Q. How does the wage assignment process start? A. Assuming that the wage assignment document complies with the formal requirements, the creditor must serve “demand to withhold” on the employer. The demand is valid only if:

The employee has defaulted on the debt secured by the assignment for more than 40 days, and the default has continued to the date of the demand.

The demand contains a correct statement of the amount the employee is in default, and the creditor provides an original or a photocopy of the assignment to the employer.

The creditor has served a “notice of intention to make the demand” upon the employee, with a copy to the employer, by registered or certified mail not less than 20 days before serving the demand.

Putting on the brakes

Q. Can an employee stop the wage assignment process? A. The employee does have a right to contest the demand. If an employee has a legal defense to the wage assignment, the employee may—within 20 days after receiving a notice of demand or within five days after the employer is served with the demand—notify the employer, in writing, of any defense to the wage assignment and send a copy of the written defense to the creditor by registered or certified mail.   As a result, the employee’s wages are not subject to a demand served by the creditor unless the employer receives a copy of a subsequent written agreement between the creditor and the employee authorizing such payments. Similarly, if the creditor receives a copy of the defense prior to serving its demand upon the employer, the creditor may not serve the demand upon the employer.  Whether the employee’s defense is legally valid is not an issue the employer must resolve. Instead, the employee and the creditor may attempt to reach another agreement or the creditor may simply bring a separate lawsuit against the employee to collect an outstanding debt. 

Book of Company Policies D

Calculating the wage assignment payment

Q. How much must the employer withhold—and when? A. The employer must begin payment to the creditor no sooner than five business days after service of such a demand.  The employer must withhold the lesser of:

15% of weekly gross wages

The amount by which the disposable earnings for a week (pay remaining after federal and state taxes, Social Security deductions and any other amounts required by law to be withheld, including required retirement contributions) exceed 45 times the federal minimum wage, unless a notice of defense is received within that five-day period.

The employer shall be paid a fee of $12 for each wage assignment. That $12 is credited against the debt.

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MANAGING REMOTE EMPLOYEES LEGALLY & EFFECTIVELY: The tips you need to manage your team successfully

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  • Child Support

Child Support Wage Assignments

(This may not be the same place you live)

  What is a Wage Assignment?

A wage assignment is a special process that allows the court to order an employer to make direct payments to the custodial parent from the supporting parent’s wages. You can also directly apply to the court for a wage assignment. Remember that the notice of this action must be served on the paying parent’s employer.

The employer will deduct child support like any other deduction from the paying parent’s paycheck and send the money to the custodial parent. If the non-paying parent holds stable employment, this is a valuable tool for starting this process.

What Can Impact Wage Assignment?

What is the wage assignment duration, how does child support wage assignments function, how do courts enforce child support orders, when do i need to contact a lawyer.

If the non-custodial parent changes jobs, he must immediately notify the child support agency so the new employer can begin making the wage assignment payments. If the non-custodial parent becomes unemployed and receives unemployment compensation, the child support payment will usually be deducted from the unemployment benefits.

If the non-custodial parent is not receiving unemployment benefits, he is still mandated to make child support payments. However, it is recommended to report the loss of income to the court to ensure that the child support order adjusts accordingly.

A wage assignment is available only if the non-custodial parent is a salaried employee. If the non-custodial parent is self-employed or is otherwise not subject to wage withholding, he instead may be ordered to provide the child support payments directly to the child support agency.

If the non-custodial parent fails to make the required payments, the amount owed may be deducted from the non-custodial parent’s federal and state income tax refunds. Furthermore, liens may be placed on the non-custodial parent’s property, and the property may be sold to satisfy the child support owed.

In short, the non-custodial parent cannot escape the obligation to pay child support by moving to another state because all states must enforce child support against out-of-state non-custodial parents. Each state has its own form of interstate enforcement legislation, such as the Uniform Reciprocal Enforcement of Support Act (URESA), which allows for the enforcement of support orders across state lines more uniformly.

The wage assignment continues until the obligation to pay child support ends, whether there is a custody modification, the non-custodial parent passes away, or the child becomes emancipated. Emancipation happens when the child reaches the state’s age of majority, which is eighteen, according to the majority of states.

Emancipation may also occur if the child marries, enlists in the armed services, or leaves the care and control of the custodial parent. However, if the child returns to live with the custodial parent before reaching the age of majority, the obligation to pay child support usually resumes, and the non-custodial parent’s income will again be subject to a wage assignment.

After the court decides the amount of child or spousal support, the wage assignment informs the employer how much to deduct from each paycheck and where to send the payment. With a wage assignment, if the parent ordered to pay support is regularly employed, the employer will deduct the support payments directly from their paycheck.

Most support is paid this way, and federal, and state laws mandate it in almost all child support cases. Typically, it is the employer’s responsibility to withhold the wages if there is a wage assignment. If the parent has other wage assignments, child support is first deducted before other withholding orders. Spousal or partner support assignments come after child support wage assignments are in place.

Wage assignments are usually incurred for debts that have gone unpaid for a long time. Wage assignments can be split into two categories: voluntary and involuntary. Employees may sometimes choose a voluntary wage assignment to pay union dues or contribute to a retirement fund. Moreover, employees may even voluntarily opt into a wage assignment plan as a part of a payday loan repayment promise.

When a wage assignment is undertaken voluntarily or required by a court and served to an employer, it is considered part of an employer’s payroll procedure. The employee has to do nothing, as their paycheck is already decreased by the amount of the assignment and noted on their pay stub.

As child support is usually ordered as a monthly amount, the calculation is provided to the employer as to the proper amount to withhold from each paycheck based on whether the employee is paid on a weekly, bi-weekly, semi-monthly, or other basis to correspond to the monthly amount ordered.

For instance, if child support was ordered for $200 a month and the employee was paid weekly, the withholding order would direct the employer to take out $48.43 from each paycheck for child support. Once the employer removes the calculated amount from the parent’s paycheck, they send it to the Support Payment Clearinghouse. The payment is then accounted for and recorded by the Clearinghouse and is sent on to the custodial parent .

Generally, if the non-custodial parent starts a new job, they are responsible for giving the wage assignment to their new employer. They are responsible for notifying the Clerk of the Superior Court and Support Payment Clearinghouse of their new employer’s contact information within 10 days. An employer who fails, without a good cause, to adhere to the terms of a wage assignment is liable for the amount overdue.

The employer may be entitled to charge a small administrative fee for processing the required payments. Still, it is against the law for an employer to terminate an employee due to a court-ordered wage assignment for child support. A wage assignment is not mandated when the non-custodial parent is self-employed, not employed, or does not have a regular source of income. In those situations, they are responsible for making payments directly to the Support Payment Clearinghouse.

Judges enforce child support orders, usually with “income assignments.” When judges form child support orders, they order the paying parent’s employer to take the child support out of their wages and send it to the Department of Revenue (DOR/CSE) Child Support Enforcement Division.

The DOR then sends the child support order to you. As mentioned earlier, child support taken out of the wages is called an “income assignment” or “wage assignment.” The income assignment is one of the primary ways judges ensure that child support is paid on time. In some cases, parents fall behind in paying their child support.

In some situations, they disobey the child support order. When that happens, you may have to return to the court to enforce your child support order . Making sure the paying parent follows through with the child support order is considered “enforcing” the order.

Courts can enforce child support orders by holding the paying parent in contempt. DOR/CSE can enforce child support orders by:

  • Collecting overdue child support;
  • Levying your bank account;
  • Charging interest and penalties;
  • Increasing the amount withheld from your paycheck by 25%;
  • Placing a lien on your real estate or personal property;
  • Seizing your personal property;
  • Suspending your license;
  • Intercepting your tax refunds;
  • Making it hard to get credit and;
  • Filing a Complaint for Contempt.

If you do not receive the required child support payments or have failed to make the necessary payments. Both situations have legal remedies available, and you will need to seek a local child support attorney to determine your options within your jurisdiction.

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Preparing for Your Case

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Garnishment Laws

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Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary” wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Difference between Wage Assignments and Wage Garnishment Orders

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment” provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

To enforce a wage assignment, no court process is involved. That’s the nature of the provision. It says no court process need be involved and authorizes the creditor to skip the time and expense of court and go straight to the employer. It also, of necessity, eliminates the debtor’s opportunity to challenge the debt in court or seek limitations on the garnishment.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments,” are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

The typical wage assignment provision allows the employer to take the employee’s future wages as security for the debt involved. In the event of default or nonpayment, it authorizes the creditor to go straight to the employer with a demand for wage garnishment, no court filing or judgment required.

Considering these wage assignments as “voluntarily” is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

Nonetheless, unlike a court order, they do have a voluntary component in that the borrower chose to obtain the credit and afterwards to use it to buy goods or services or receive cash.

Federal Garnishment Law Does Not Protect Wage Assignments

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings” or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

The definition of “disposable earnings” is key to the determination of the maximum allowed garnishment. “Disposable earnings” means earnings after reduction for legally-required deductions like federal, state and local taxes, the employee’s share of State Unemployment Insurance and Social Security, and Worker’s Compensation.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Still others require the written consent of both spouses, or the execution of an entirely separate document addressing the assignment (so as to prohibit it from being buried in the fine print). In all cases, the employer need not comply with an illegal wage assignment, and often would be legally liable for doing so.

Needless to say, the field of voluntary wage assignments is a complicated one. Consulting with an experienced labor and employment, debtor-creditor, and/or consumer counsel is an important part of properly navigating this area of employment.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

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Wage Assignment Overview

Usually, a creditor has to go to court to take part of your wages. This is called wage garnishment .

However, if you signed a form agreeing to a wage assignment, a creditor can take your wages without first going to court. You may agree to a wage assignment when you sign a loan contract. This allows your creditor to have money deducted from your wages if you don't pay.

Starting a Wage Assignment

You must be at least 40 days behind on your loan before the creditor can have your employer start taking money out of your paycheck.

First, the creditor must mail you and your employer a Notice of Intent to Assign Wages 20 days before they can make the demand. The notice has to be sent to you by certified or registered mail. You should receive advance warning that money will be deducted from your wages.

The notice must follow a specific form and must include the following information:

  • be sent to you and your employer;
  • be sent by registered or certified mail;
  • inform you the creditor will demand part of your wages from your employer in 20 days;
  • include a copy of the wage assignment; 
  • tell you how much you owe; 
  • include your options to respond to the notice; and
  • include a revocation notice form.

The creditor then must send a demand letter to your employer. The demand must contain the correct amount in default and include a copy of the assignment. If the notice or demand does not follow the requirements of the law, they have no legal effect.

If you do not revoke the wage assignment, then 20 days later (once the loan is 40 days past due), your employer will start paying a portion of your paycheck to the creditor to pay off your debt.

Day One: Loan is past due

Day 20: Creditor sends notice

Day 40: Wage assignment begins.

Amount of a Wage Assignment

The creditor may take from your paycheck whichever amount is less between the following two options:

  • 15% of your total wages, salary, commission, and bonuses for any workweek; or
  • The amount your take-home pay (after taxes and other withholdings) for a week is over $630 (which is 45 times the 2024 state minimum hourly wage ).

That means that you can only have a wage assignment if you take home over $630 per week.

Stopping a Wage Assignment

You can stop a wage assignment at any time for any reason. If you don't want the deduction to happen, write a letter to your employer and creditor stating you are canceling the wage assignment. Remember, you will still owe the money. The creditor can use other methods to collect it. That probably means a court case, which may end with an involuntary wage garnishment.

Length of a Wage Assignment

A wage assignment is good for 3 years from the date you signed the wage assignment. But, if you changed jobs after you signed the wage assignment, the wage assignment is only good for 2 years from the date you signed the wage assignment.   If a creditor tries to collect money from your paycheck after the time period expires, you should talk to a lawyer. You might be able to sue the creditor in court.

Note : Child support and student loans can also result in garnishments without a court case.

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Cheryl Orr and Heather Sager discuss wage deductions in a BLR webinar entitled ‘Wage Payments: What You Can and Can’t Legally Deduct from Employees’ Pay’. They provide the following information about wage deductions and wage assignments.

  • Wage deductions can be voluntary or involuntary
  • There is also a distinction between a wage assignment and a wage garnishment
  • An wage assignment is typically something that is voluntary. It does not occur frequently
  • A wage garnishment implies that a portion of the employee’s wages is going to someone else. Usually, wage garnishments are not voluntary.
  • A garnishment is a court order. However, an assignment is usually something that an employee proactively seeks out or proactively negotiates with their employer. In the case of a garnishment, the employee really has no choice but the comply with the court order or the employee can choose to see an exemption
  • An assignment can be treated similarly to a garnishment, but is more voluntary rather than the creditor needing to obtain a court document forces the garnishment of wages
  • The employer should obtain proper documentation that shows that the employee agrees to the assignment of wages

Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP ( www.drinkerbiddle.com ). She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions, and she regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force, and offers employer advice and counseling. Orr frequently lectures on employment law topics.

Heather M. Sager, Esq. is also a partner in the Labor and Employment Practice Group at Drinker Biddle & Reath LLP. Sager focuses her practice on management-side representation in collective and class actions, with particular experience in wage and hour litigation under state and federal law, including representative claims brought under California Business & Professions Code Section 17200. She also regularly handles single and multi-plaintiff employment litigation in the areas of unfair competition, wrongful discharge, harassment and discrimination before state and federal courts and administrative agencies. In addition, Sager regularly provides management training seminars and advice and counsel on reductions in force, employee relations, and workplace policies and procedures for the firm’s clients.

what is wage assignment

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wage assignment

  • A financial procedure where an employee authorizes a chunk of their salary to be transferred to another party, often a creditor, prior to the employee receiving the pay
  • The debtor accepted a wage assignment to pay off his loan over time.
  • The company implemented a wage assignment to streamline child support payments for its employees.
  • A wage assignment can help creditors ensure they receive the money they are owed.
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Wage Garnishment & Assignment: 4 must knows for employers

By Julie Farraj

Feb. 15, 2017

wage garnishment employer

Proper management of wage garnishment can be especially crucial to growing businesses because as their hiring increases, they may also be inadvertently increasing their garnishment liability. That’s why it’s important for an employer to remember four things can help appropriately and accurately process wage garnishments while remaining compliant.

1. All garnishments are not the same.

Here’s a basic wage withholding definition: When an employee fails to repay a debt, a wage withholding court order can be issued against the employee’s earnings to satisfy that debt. This court order — also called a wage garnishment — requires the employer to withhold a portion of the employee’s wages and forward them to a third party. Wage garnishment orders also can be issued by government agencies such as the IRS, state tax agencies and the U.S. Department of Education.

Simple, right? A business receives an order about one of its employees and refers it to its payroll department to process by withholding the appropriate wages and forwarding it to the proper recipient.

There are six common types of wage garnishment. They are:

Child support garnishment comprises by far the highest volume of orders employers process, and, while some of the laws are very standardized, the law can vary by state.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments (e.g. credit card debt). The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt.

Bankruptcy orders . Based on research from the American Bankruptcy Institute , 97 percent of all bankruptcies are personal filings rather than business filings.

Student loans may be collected by the U.S. Department of Education, which may contract with collection agencies to enforce and collect the defaulted loans.

Tax levy garnishments can be issued at the federal, state or local level. Each state differs in its requirements and those laws may differ from federal levies.

Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.

It’s important that employers keep in mind the type of debt owed, the party collecting it, and the laws applicable to that debt. Knowing which laws, rules, and regulations apply and keeping current on them when processing wage garnishments can be challenging for employers, and, if done incorrectly, may expose employers to various liabilities and penalties.

In addition, the six types of wage garnishments noted above are the most common wage garnishments; employers may receive other less common types of wage garnishments. It’s the employer’s responsibility to comply with and make sure all orders are processed in a timely manner and correctly whether or not they are familiar.

2. Wage garnishment can affect employee productivity and morale.

Most employers recognize that wage garnishment has a direct impact on employees. However, this impact can extend beyond their paychecks. Processing garnishments is not as straightforward as simply withholding wages from an employee’s paycheck and sending a payment. The process is far from simple and can be complicated by myriad emotions.

Employees often find it humiliating because the courts have intervened and employers have become involved in their private struggles.

Employees in this position may feel that they’re now working for the institutions to which they’re indebted rather than for themselves and their futures. Stress and anxiety are often natural extensions of the garnishment process.

An affected employee’s anxiety could show itself through decreased productivity or a lack of motivation. Employers can help affected employees and potentially decrease future garnishments by providing financial wellness training and counseling, as well as tax education, to help employees manage debt.

3. Wage garnishment can affect an employer’s finances and business efficiency.

Employees aren’t the only ones affected by wage garnishment. Employers expose themselves to financial and legal risk when they incorrectly garnish an employee’s wages, fail to file in a timely way, file a defective response, fail to follow specific requirements when sending payments, or make other missteps with a garnishment. Mishandling a garnishment can lead to a judgment against the employer for the entire amount of the employee’s debt, a lawsuit from the creditor or the employee, or other costs or penalties that the employer didn’t anticipate or budget for.

In the instance of garnishments for child support, employers could potentially feel the impact of laws designed to restrict travel. For instance, the Social Security Act was amended in 1997 with a sub-section that established the denial, revocation, or restriction of U.S. passports if the non-custodial parent has child support arrears of $2,500 or more. Additionally, some state agencies have the authority to deny or revoke drivers’ and professional licenses for past-due child support obligations .

If your business requires employees to travel internationally or employs drivers, these laws could impact an employee’s ability to do his or her job effectively and, by extension, impact the efficiency of your business.

Another current area of focus that could impact employers is in the creditor garnishment arena. Currently, the American Payroll Association is working with the Uniform Law Commission to establish a standardized processing for creditor garnishments through the Uniform Wage Garnishment Act, which proposes to standardize the wage-garnishment process for employers, employees and creditors. Currently, state laws differ significantly in their requirements regarding wage garnishment, from the beginning to the end of the garnishment, and are often outdated. This means businesses that operate in multiple states must identify and abide by these different legal requirements, which can potentially lead to processing errors, confusion, inefficiency and noncompliance.

Companies can help manage these challenges if they become familiar with garnishment laws and guidance from agencies such as the Federal Office of Child Support Enforcement, develop reliable and timely procedures for garnishment processing and ensure that policies are administered fairly for all employees facing a wage garnishment.

It may be useful to develop tools, resources and strong contacts with agencies, courts and garnishors. Staying close to these agencies may help your business remain aware of major changes to wage garnishment laws.

Consider participating in state and federally initiated pilot projects. These programs are valuable opportunities to positively build relationships, influence initiatives and provide needed feedback. Make sure you have established a way to monitor legislation that could affect garnishment processing.

Other steps an employer can take include participating with committees, attending conferences regarding wage withholding, and leveraging other contacts you’ve developed with the agencies, those imposing wage garnishments, or other employers.

4. Paper processing is the not the only option.

A study by the ADP Research Institute revealed that 7.2 percent of employees had wages garnished in 2013. Keeping pace with the proper and timely processing of wage garnishments is challenging for many businesses.

As wage garnishment volumes and laws intensify, garnishment processors have the option to use electronic funds transfer, or EFT, to save time, increase efficiency, streamline processes and potentially reduce costs.

Currently, virtually every child support state agency has the ability to accept child support payments via EFT, and some have even mandated employers to send payments electronically. Some tax levy agencies, trustees and student loan agencies also are implementing electronic payment capabilities. In addition to business efficiencies, EFT enables greater security of personally identifiable information, such as Social Security numbers.

Minnesota has passed legislation requiring employers to electronically file their response to a state tax garnishment summons with the state tax agency, and Wayne County Court in Michigan is piloting the option of electronic responses.

Electronic income withholding orders are already very popular. These enable states to electronically distribute income withholding orders and employers to electronically accept or reject them.

Clearly, wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement the garnishment. It’s important for businesses of all sizes to understand the different types of wage garnishment, familiarize themselves with the laws governing them, and learn ways to accurately and efficiently process them.

Using best practices can help streamline an employer’s responsibilities and ease the potential anxiety an employee may feel with this sometimes-necessary workforce issue.

Julie Farraj is vice president of Garnishment Services for ADP Added Value Services. Comment below or email [email protected].

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Home > Definitions > Divorce & Family Law > Child Custody > Wage Assignment

Wage Assignment

what is wage assignment

What is Wage Assignment?

Wage assignments allow creditors to take money directly from an employee’s paycheck to pay off a debt. They are voluntary agreements between the employee and the creditor. Due to the fact that employees must sign documents authorizing a creditor to take money from their paycheck, wage assignments do not require court approval. These arrangements differ from wage garnishments, in which a creditor must go to court to obtain permission to collect part of a debtor’s wages. Moreover, the employee typically has the right to terminate the wage assignments, while one must go through a legal process to stop a wage garnishment. 

The United States often uses wage assignments to collect child support payments. Wage assignments may also be utilized to pay off other debts such as unpaid taxes or loans. 

Key Takeaways

  • A wage assignment is a voluntary agreement that allows creditors to collect money directly from an employee’s paycheck to repay a debt.
  • Wage garnishments are used to repay various debt obligations such as taxes, child support, or loans. 
  • State laws regulate the conditions and limitations for wage assignments. 

Wages Assignment Limitations

Wage assignments are not regulated by federal law and therefore are not required to follow the Federal Consumer Credit Protection Act. The laws concerning wage assignment vary from state to state. Following are a few examples of restrictions in various states:

  • Illinois does not allow wage assignments unless the debt has gone unpaid for at least 40 days.
  • In West Virginia, wage assignments are limited to 25% of an employee’s take-home earnings. 
  • Employers in Texas have no statutory obligation to honor voluntary wage assignments, but they may be required to do so under a contractual obligation.
  • New York does not allow wage assignments to exceed 10% of one’s gross income.
  • A spouse or domestic partner must also sign the wage assignment contract if the employee is married or has a domestic partner in Washington or Wisconsin.
  • Some states may require that the agreements be renewed annually and prohibit the assignments from lasting longer than three years. Additionally, various states allow wage assignments only when it is used to pay child support .

Bottom Line

W age assignments are undoubtedly a complicated subject. As a matter of fact, plenty of people are not aware of the differences between wage assignments and wage garnishments . Also, although wage assignments are voluntary, employees are not always aware that they agreed to them. Wage assignment provisions may be hidden among the fine print in consumer contracts and loan documents, and employees may not learn about these clauses until it is too late. This is why it is essential to hire proper legal representation to review important contracts before signing them. A seasoned attorney will be able to help you handle these complex arrangements.

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Voluntary Wage Assignments and Why You Should Avoid Them At All Costs

You would never hand over your paycheck to a creditor, would you?  Of course if you were under threat or order by a court you may hand over your paycheck; but never voluntarily. Right? Well, surprisingly many debtors do just that when they agree to “voluntary wage assignments.” A voluntary wage assignment is an agreement between a creditor and debtor that says the lender can deduct a certain amount of money from the debtor’s paycheck to repay a loan.

Voluntary wage assignments are commonly used by payday lenders. Surprised? You shouldn’t be.  Payday lenders understand that the reason debtors use their “services” is because they are financially strapped and desperate for cash.  But because their interest rates and fees are astronomically high, most debtors experience “payment shock” and may try to avoid paying them when the bill is due. So to protect their interests in the loan, payday lenders are now using voluntary wage assignments to increase their chances of getting paid.

How Voluntary Wage Assignment  Works

A voluntary wage assignment works just like a wage garnishment , except that the debtor has agreed to it. If a debtor defaults on the payday loan, the lender can then garnish the debtor’s wages without going to court. Once a debtor defaults on their payday loan, the lender will send the debtor a notice informing them that they plan to implement the voluntary wage assignment (i.e. wage garnishment).  This usually happens 20 days before the wage assignment notice is sent to the employer.   A wage assignment is valid for up to 3 years . In other words, the payday lender could technically garnish your wages for 3 years or until the loan is repaid.

For obvious reasons, agreeing to a wage assignment isn’t smart. You give the payday lender access to your wages and make it easier for them when you are not legally required to do so.  Signing a voluntary wage assignment can place you and your family in dire straits, if the lender garnishes wages that you need for your mortgage/rent, food and medical care. If you have signed a voluntary wage garnishment, you can revoke the agreement by sending the lender a letter.  Remember, Payday Loans are Dischargeable in Bankruptcy

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what is wage assignment

Table of Contents

Wage assignment.

A wage assignment is a voluntary agreement between an employee and a creditor, in which the employee authorizes their employer to deduct a specified amount from their wages to repay a debt owed to the creditor. This arrangement bypasses the need for wage garnishment, which requires a court order. Wage assignments are typically used for repaying loans, child support, or other financial obligations.

The phonetic pronunciation of the keyword “Wage Assignment” is:weɪʤ əˈsʌɪnmənt

Key Takeaways

  • Wage Assignment is a voluntary agreement: Wage assignment occurs when a debtor agrees to a voluntary arrangement in which their employer dedicates a portion of their income to pay off the debtor’s outstanding debt. This allows the creditor to receive regular payments directly from the source of income without involving the debtor in the process.
  • Wage Assignment is different from Wage Garnishment: While both terms involve the allocation of a debtor’s income towards outstanding debts, they differ in their implementation. Wage assignment is usually a voluntary process, while wage garnishment is a compulsory action taken by the court. In wage garnishment, the creditor has to obtain a legal order to collect the debt directly from the debtor’s employer.
  • Revocability and Limitations of Wage Assignment: Depending on the jurisdiction, debtors might have the right to revoke a wage assignment at any time. Furthermore, certain limitations may be imposed on the amount assigned from wages—for instance, a percentage cap of the disposable income or a prohibition of assigning wages for specific categories of debts like child support or spousal support.

The term Wage Assignment holds significant importance in the realm of business and finance as it refers to a voluntary agreement between an employee and a creditor, in which the employee authorizes their employer to deduct a predetermined part of their salary to repay a debt. The importance of this arrangement stems from its ability to ensure that debts are responsibly and consistently managed, enabling an employee to pay off their financial obligations in a structured manner. Additionally, wage assignments also provide the creditors with a sense of assurance that they will indeed receive their outstanding payments, consequently enhancing the stability and predictability of financial transactions. Moreover, this safeguarded method of repaying loans can potentially improve the overall creditworthiness of an individual, providing access to more favorable loan terms and fostering a healthier financial ecosystem in the business and finance sectors.

Explanation

A wage assignment serves as a critical financial tool that enables individuals with outstanding debts to fulfill their monetary obligations by having a predetermined portion of their income allocated to pay off the debts directly. The purpose of wage assignment is to ensure that the debtor consistently makes scheduled payments towards their debt, facilitating a smooth repayment process while minimizing the possibility of default. This financial instrument proves to be useful not just for the debtor, who steadily works towards debt repayment, but also benefits the creditor, who receives regular payments without having to engage in more extreme debt collection practices.Wage assignment is also implemented in circumstances where individuals are required to make certain obligatory payments, such as child support or alimony, following a legal ruling. In such cases, a wage assignment ensures that the responsible party adheres to the mandated financial commitments. Moreover, it provides a sense of security to the recipients of these payments, as they can rely on a consistent source of financial support. Overall, wage assignment plays a crucial role in enabling debtors to fulfill their financial responsibilities in a more manageable, controlled manner, while sparing creditors from stressful and potentially costly debt recovery efforts.

A wage assignment is a voluntary agreement by an employee to transfer a portion of their future wages to a creditor in order to repay a debt. Here are three real-world examples related to wage assignments:1. Loan Repayment: John takes out a personal loan from a bank to cover an unexpected medical emergency. He agrees to a wage assignment, allowing the bank to directly deduct a specified portion of his bi-weekly paycheck until the loan is fully repaid.2. Child Support Wage Assignment: Jane, a divorced mother of two, has a court-ordered wage assignment in place to ensure her ex-spouse, Jim, regularly contributes to child support payments. Jim’s employer is legally obligated to withhold the assigned amount from his salary and send it directly to Jane or the designated child support agency.3. Payroll Advance Deduction: Sarah is struggling to manage her expenses and requests a payroll advance from her employer to cover immediate financial needs. Her employer agrees and she signs a wage assignment, permitting her employer to withhold the amount she borrowed from her future paychecks until the advance is repaid in full.

Frequently Asked Questions(FAQ)

A wage assignment is a voluntary agreement between an employee and a creditor in which the employee authorizes their employer to withhold a specific amount of their earnings and send it directly to the creditor to repay a debt.

Yes, a wage assignment is a legally binding agreement. Once authorized by the employee, the employer is required to comply with the terms of the agreement.

Wage Assignment is a voluntary agreement initiated by the employee or a request from the creditor, whereas Wage Garnishment is a mandatory, court-ordered process in which a creditor obtains a judgment against the debtor and then requires the debtor’s employer to withhold a portion of their wages until the debt is paid off.

Yes, most wage assignment agreements include a provision that allows the employee to revoke the agreement at any time. However, it is important to review the terms of your specific agreement and notify your employer in writing if you wish to revoke your wage assignment.

The amount that can be assigned depends on the terms agreed upon between the employee and the creditor. However, both federal and state laws typically impose limits on the percentage of an employee’s pay that can be assigned to ensure the employee has a reasonable amount of income left after the assignment.

There may be limitations on what types of debts qualify for wage assignment, depending on the laws and regulations in your jurisdiction. Generally, wage assignments are used to repay unsecured debts like credit card balances, personal loans, or medical bills.

The employer must be notified of the wage assignment, and they are legally required to comply with the terms of the agreement once authorized by the employee. It is not necessary for the employer to consent, but the employee must provide the employer with notice of the agreement.

A wage assignment in itself does not directly impact your credit score; however, it may be an indicator that you are experiencing financial difficulties, which can affect your credit in other ways. Repaying your debts through a wage assignment will generally help improve your credit score over time as the outstanding balance on the debt is reduced.

Related Finance Terms

  • Garnishment
  • Payroll Deduction
  • Debt Repayment
  • Voluntary Wage Assignment

Sources for More Information

  • Investopedia: https://www.investopedia.com/terms/w/wageassignment.asp
  • Corporate Finance Institute: https://corporatefinanceinstitute.com/resources/knowledge/other/wage-assignment/
  • The Balance: https://www.thebalance.com/what-is-a-wage-assignment-462355
  • NOLO: https://www.nolo.com/legal-encyclopedia/wage-assignment-creditors-applying-paycheck.html

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What is a Wage Assignment?

A wage assignment is a deduction from an employee’s pay, which may be used to pay off debts, or to pay child or spousal support. Some loans stipulate to a wage assignment should they fail to make prompt payments to pay off the loan. In this case, if the loan is not repaid, money is deducted from an employee’s paycheck, either a specific sum or a percentage of earnings to collect debts owed.

There are two wage assignment types. One is voluntary, when an employee specifically asks his or her employer to deduct a portion of his/her wages to be paid to a designated third party. This is often easier for people than remembering to write important checks for loans or child support, or for things like payments of back taxes . The voluntary wage assignment tends not to reflect poorly on the employee, since it shows the employee is making a true effort to repay a loan or to honor financial obligations to others.

The second type of wage assignment is involuntary. It can also be called wage garnishment . This second type may occur when a person refuses to pay debts or agreed upon payments to a third party. Wage assignments of this second type may need to be honored by employers and may be requested by court order . Again, amounts can vary depending upon the financial obligations of the employee. Some wage assignments that are involuntary take a percentage of a paycheck, almost all of the paycheck, or a set amount. If an employee’s earnings increase or decrease, third parties may receive more or less money when the assignment is based on percentage.

If you do have to make a set payment, such as child support, creating a voluntary wage assignment is not a bad way to go. An involuntary assignment or garnishing of the paycheck suggests you may not be trustworthy or be able to live up to your obligations. It implies, even when this is not the case, that you have specifically resisted paying your debts, or worse, paying child support or spousal support. This can reflect on the employee’s character and might determine your future in a company.

Some individuals, if they have lots of debt, may have more than one wage assignment on a paycheck. Governments usually set a priority of which debts must be first addressed. If there is adequate money to cover all debt, the employee may still be able to make voluntary wage assignments, though some employers do charge for this extra service. When the assignment is involuntary, generally companies must comply with any mandated assignments, in the order in which the government determines. Where there is one income supporting a person, the wage assignment usually can’t remove all the money you make. Most assignments have to allow an employee to collect a subsistence income, unless that employee voluntarily assigns his/her wages in a different manner.

Tricia has a Literature degree from Sonoma State University and has been a frequent SmartCapitalMind contributor for many years. She is especially passionate about reading and writing, although her other interests include medicine, art, film, history, politics, ethics, and religion. Tricia lives in Northern California and is currently working on her first novel.

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Discussion Comments

Post your comments.

  • By: Hedgehog Wage assignments may be used to pay child support directly from an individual's paycheck.
  • By: joé Wage assignments are voluntary or involuntary deductions from one's paycheck.
  • By: Africa Studio Court-ordered wage garnishment to settle a debt is an involuntary wage assignment.

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What is a Wage Assignment in Arizona

Table of contents, arizona wage assignments.

You may be asking what is a wage assignment in Arizona. A Wage assignment in Arizona is an order requiring a parent’s employer to deduct that parent’s child support and/or spousal maintenance obligation directly from his or her paycheck.

The court is required by law to order support payments to be paid through a wage assignment in Arizona unless both parties agree otherwise.

How a Wage Assignment is Issued in Arizona

A wage assignment is authorized to be issued by the Court by Arizona revised statute section 25-504. That statute authorizes the issuance of a wage assignment for the payment of child support and/or spousal maintenance when a parent files a verified request with the Clerk of the Court.

The verified request must include the following information:

  • The name of the person or agency entitled to receive support or spousal maintenance.
  • The monthly amount of any current support and the monthly amount of any spousal maintenance ordered by the court.
  • The specific amount requested for any support arrearages, spousal maintenance arrearages or interest.
  • The name and address of the payor to whom it is requested the order of assignment be directed and the name of the person obligated to pay support or spousal maintenance.

The Clerk of the Court, without notice or a hearing to the person ordered to pay support, will then issue the wage assignment of a portion of the parent’s income to pay the amount of child support and/or spousal maintenance ordered by the court. The Clerk of the Court will then notify the person ordered to pay support about the issuance of the wage assignment to his or her employer.

The wage assignment is then sent directly to the parent’s employer. The employer then deducts the support amounts directly from the parent’s paycheck and sends that payment to the Arizona Support Payment Clearinghouse .

When a Wage Assignment Ends in Arizona

The employer will continue to deduct the support amounts from the employee’s paycheck until either a court issues an order modifying or terminating the wage assignment or the clerk of the court terminates the wage assignment based upon a written and notarized stipulation signed by both parents or former spouses stating all support owed has been paid is filed with the clerk of the court.

Prohibited Employer Conduct Relating to a Wage Assignment

It is important to know that an employer is prohibited from firing or punishing an employee simply because of the issuance of a wage assignment on an employee’s wages. Arizona law allows an employee wrongfully terminated or disciplined as a result of a wage assignment to sue for damages, attorney fees and, in some cases, for reinstatement of an employee’s job.

Arizona Wage Assignment Attorneys

If you have questions about what is a wage assignment in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child support and family law attorneys have over 100 years of combined experience successfully representing clients in child support and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your child support or family law case around today.

Other Frequently Asked Questions About Wage Assignments in Arizona:

How much can be garnished by a wage assignment for support in arizona.

The maximum amount of support, whether child support or alimony, that can be garnished by a Wage Assignment is 50% of your earnings.

How do I stop a garnishment through a Wage Assignment for support in Arizona?

You can file a motion to stop a wage assignment for support in Arizona by filing a motion to terminate the wage assignment because your support obligation has ended or will end soon.

Other Articles About Child Support in Arizona

  • ARIZONA CHILD SUPPORT LAWS
  • ARIZONA UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA) STATUTES
  • ATTRIBUTING INCOME FOR CHILD SUPPORT IN ARIZONA
  • DIVIDING UNCOVERED MEDICAL EXPENSES IN AN ARIZONA CHILD SUPPORT CASE
  • THE RELATIONSHIP BETWEEN CHILD SUPPORT AND DEBTS IN ARIZONA
  • THE DEFINITIVE GUIDE TO CHILD SUPPORT IN ARIZONA
  • DUE PROCESS REQUIRES NOTICE OF A CHILD SUPPORT MODIFICATION
  • CHILD SUPPORT DEVIATION IN ARIZONA
  • IS AN INCREASE IN INCOME CAUSE TO MODIFY CHILD SUPPORT IN ARIZONA
  • CHILD SUPPORT AND ASSETS IN ARIZONA
  • EFFECT OF EMPLOYMENT BENEFITS ON CHILD SUPPORT IN ARIZONA
  • EFFECT OF STOCK OPTIONS ON CHILD SUPPORT IN ARIZONA
  • MODIFYING CHILD SUPPORT FROM ANOTHER STATE IN ARIZONA
  • CHILD SUPPORT MUST BE MODIFIED WHENEVER CHILD CUSTODY ORDERS CHANGE IN ARIZONA
  • REGISTERING A CHILD SUPPORT ORDER IN ARIZONA
  • BURDEN OF PROOF FOR A DEVIATION IN CHILD SUPPORT IN ARIZONA
  • REIMBURSEMENT FOR OVERPAID CHILD SUPPORT IN ARIZONA
  • GIFTS AND FREE RENT MAY BE INCOME FOR CHILD SUPPORT PURPOSES
  • COURT DISCRETION TO ADD RECURRING GIFTS AS INCOME FOR CHILD SUPPORT
  • CHILD SUPPORT AND THE NARCISSIST PARENT
  • INCLUDING INCOME FROM A SECOND JOB IN ARIZONA CHILD SUPPORT CALCULATIONS
  • STANDARD OF PROOF TO ESTABLISH A WAIVER OF PAST CHILD SUPPORT IN ARIZONA
  • CHILD SUPPORT CANNOT BE A PERCENTAGE OF A PARENT’S INCOME IN ARIZONA
  • THE AGE WHEN CHILD SUPPORT ENDS IN ARIZONA
  • SSDI PAYMENTS OFFSET MEDICAL EXPENSES FOR A CHILD IN ARIZONA
  • MODIFYING CHILD SUPPORT WHEN NEITHER PARENT LIVES IN ARIZONA
  • HOW TO MODIFY OR ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE
  • HOW TO MAKE ARIZONA CHILD SUPPORT PAYMENTS
  • HOW IS INCOME CALCULATED FOR CHILD SUPPORT IN ARIZONA
  • HOW TO ENFORCE A CHILD SUPPORT ORDER IN ARIZONA
  • WHAT IS CONSIDERED GROSS INCOME FOR ARIZONA CHILD SUPPORT
  • CALCULATING A PARENT’S INCOME FOR CHILD SUPPORT IN ARIZONA
  • ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
  • DOMESTICATING A CHILD SUPPORT ORDER IN ARIZONA
  • CHILD SUPPORT AND AN UNEMPLOYED PARENT IN ARIZONA
  • WHAT DOCTORS SHOULD KNOW ABOUT CHILD SUPPORT IN ARIZONA
  • CAN A NON-CUSTODIAL PARENT RECEIVE CHILDREN’S SOCIAL SECURITY BENEFITS IN ARIZONA
  • START DATE FOR TEMPORARY SUPPORT IN ARIZONA
  • EFFECT OF DENIAL OF VISITATION ON CHILD SUPPORT PAYMENTS IN ARIZONA
  • ARIZONA CHILD SUPPORT FREQUENTLY ASKED QUESTIONS
  • EFFECT OF ERRORS IN REGISTERING A CHILD SUPPORT ORDER FROM ANOTHER STATE IN ARIZONA
  • WHEN YOU CAN MODIFY CHILD SUPPORT IN ARIZONA
  • GIFT INCOME AND MODIFICATION OF CHILD SUPPORT IN ARIZONA
  • WAIVER OF PAST CHILD SUPPORT BY AGREEMENT IN ARIZONA
  • UPWARD DEVIATION IN CHILD SUPPORT IN ARIZONA
  • MODIFYING A CHILD SUPPORT ORDER FROM ANOTHER COUNTRY
  • OBJECTION TO CHILD SUPPORT ARREARS IN UIFSA DOMESTICATION IN ARIZONA
  • CAN A SPOUSE’S INCOME BE CONSIDERED FOR CHILD SUPPORT IN ARIZONA
  • LEGAL METHODS OF COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
  • ENFORCEMENT OF A FOREIGN COUNTRY CHILD SUPPORT ORDER IN ARIZONA
  • DRIVERS LICENSE RESTRICTIONS FOR UNPAID CHILD SUPPORT IN ARIZONA
  • CAN A LOAN BE INCLUDED AS INCOME FOR CHILD SUPPORT IN ARIZONA
  • OVERPAYMENT OF CHILD SUPPORT IN ARIZONA
  • PAST DUE SUPPORT PAYMENTS APPLY FIRST TO CHILD SUPPORT BEFORE ALIMONY
  • CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY OF CHILDREN IN ARIZONA
  • EFFECT OF DELAY IN COLLECTING CHILD SUPPORT ARREARAGES IN ARIZONA
  • RECOVERING CHILD SUPPORT NOT ORDERED IN A DIVORCE DECREE IN ARIZONA
  • LEGAL OPTIONS FOR COLLECTING CHILD SUPPORT PAYMENTS IN ARIZONA
  • ARIZONA COURT’S AUTHORITY TO HEAR CHILD SUPPORT ENFORCEMENT ACTIONS
  • IMPACT OF WITHHOLDING A CHILD ON CHILD SUPPORT IN ARIZONA
  • SISTER STATE’S RIGHT TO MODIFY ARIZONA CHILD SUPPORT RULING
  • IS A CHILD SUPPORT ORDER VOID IF IT DOES NOT MENTION ARREARS IN ARIZONA
  • CHILD SUPPORT OBLIGATIONS OF A MINOR IN ARIZONA
  • TIME LIMIT TO COLLECT CHILD SUPPORT ARREARAGES IN ARIZONA
  • RETROACTIVE MODIFICATION OF A CHILD SUPPORT ORDER IN ARIZONA
  • CONTEMPT OF COURT FOR UNPAID CHILD SUPPORT ARREARAGES IN ARIZONA
  • SUPPORT FOR DISABLED ADULT CHILDREN IN ARIZONA
  • CALCULATING INCOME FOR CHILD SUPPORT IN ARIZONA
  • THREE YEAR LIMITATION FOR COLLECTING CHILD SUPPORT ARREARAGES
  • DISMISSING MODIFICATION OF CHILD SUPPORT FOR NOT DISCLOSING FINANCIAL DOCUMENTS
  • ARIZONA CHILD SUPPORT MODIFICATIONS MUST INCLUDE ANY CHANGES IN PARENTING TIME
  • EQUITABLE DEFENSES TO FAMILY SUPPORT IN ARIZONA
  • AFFIDAVIT OF CHILD SUPPORT ARREARS FROM ANOTHER STATE IN ARIZONA
  • PERSONAL JURISDICTION AND CHILD SUPPORT ARREARAGES IN ARIZONA
  • PERSONAL JURISDICTION OVER A NON-RESIDENT IN AN ARIZONA CHILD SUPPORT CASE
  • ARIZONA CRIMINAL LAW FOR NON-PAYMENT OF CHILD SUPPORT IS CONSTITUTIONAL
  • BURDEN OF PROOF IN A MODIFICATION OF CHILD SUPPORT CASE IN ARIZONA
  • FULL FAITH AND CREDIT CLAUSE REQUIRES PERSONAL JURISDICTION TO ENFORCE SUPPORT ORDERS
  • CHILD SUPPORT IN A BANK ACCOUNT IS EXEMPT FROM EXECUTION BY CREDITORS
  • NON-PARENT LAWSUIT FOR REIMBURSEMENT OF CHILD SUPPORT IN ARIZONA

IMAGES

  1. Sample Printable Assignment Of Wages Forms Template 2023

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  2. Assignment of a Specified Amount of Wages

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  3. How To Find Out Where Someone Works For Wage Garnishment : Wage

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  4. Free Printable Assignment Of Wages Form (GENERIC)

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  5. wage assignment Doc Template

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  6. Wage Assignment Revocation Letter: How to Write

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VIDEO

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  2. Child Support: Wage Assignment!

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  4. Economics 402 AIOU Autumn 2023 Assignment Solution Complete Guide

  5. Wage and Salary Administration- HRM PART 11

  6. Methods of wage payment

COMMENTS

  1. Wage Assignment: What It Means, How It Works

    Wage Assignment: The procedure of taking money directly from an employee's compensation under the authority of a court order, in order to pay a debt obligation. Wage assignments are typically a ...

  2. What Is Wage Assignment?

    Wage Assignment. Wage Garnishment. Money is taken from your paycheck voluntarily to repay debt. A legal procedure where a portion of an employee's earnings is withheld to repay debt. No court order required. A court order usually precedes wage garnishments. You have the right to stop the wage assignment at any time.

  3. Wage Assignments and Garnishments: What Finance Leaders Need to Know

    Here are three things to consider when conducting those audits. 1. Compliance. Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed ...

  4. Wage assignment and employers' responsibilities

    A wage assignment is a document that allows a creditor to attach part of the employee's wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a ...

  5. Child Support Wage Assignments

    A wage assignment is a special process that allows the court to order an employer to make direct payments to the custodial parent from the supporting parent's wages. You can also directly apply to the court for a wage assignment. Remember that the notice of this action must be served on the paying parent's employer.

  6. Wage Assignments in Consumer and Other Contracts

    The "wage assignment" provision assigns the borrower's future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor's attorney or billing department.

  7. Understanding wage assignment

    Amount of a Wage Assignment. The creditor may take from your paycheck whichever amount is less between the following two options: 15% of your total wages, salary, commission, and bonuses for any workweek; or. The amount your take-home pay (after taxes and other withholdings) for a week is over $630 (which is 45 times the 2024 state minimum ...

  8. PDF What Do I Do Now That I Have a Wage Assignment?

    12/23/10 What is a Wage Assignment ("garnishment") and why do I need one? A support order is an order that one party (the paying party) pay the other party (the receiving party) support. A wage assignment is an order that the paying party's employer send money from the paying party's paycheck to the receiving party. If there is only a support order and no wage assignment then the ...

  9. Understanding Wage Assignments In Bankruptcy

    A wage assignment is basically an agreement that allows the creditor to deduct from a debtor's wages any amount owed to them. This is most often used by payday loan lenders. Borrowers sign a bunch of paperwork, which includes a wage assignment signing over access to their wages in the process.

  10. Voluntary Wage Deductions and Wage Assignments

    Wage deductions can be voluntary or involuntary. There is also a distinction between a wage assignment and a wage garnishment. An wage assignment is typically something that is voluntary. It does not occur frequently. A wage garnishment implies that a portion of the employee's wages is going to someone else. Usually, wage garnishments are not ...

  11. Wage assignment

    Wage assignment meaning and purpose. A wage assignment is a voluntary or involuntary transfer of earned wages to pay debt, pay back taxes or even pay off student loan debt. Wage assignments may also be used to pay child or spousal support payments. In some instances, a wage assignment allows a lender to take a portion of an employee's ...

  12. wage assignment Definition, Meaning & Usage

    wage assignment. Definition of "wage assignment". A financial procedure where an employee authorizes a chunk of their salary to be transferred to another party, often a creditor, prior to the employee receiving the pay. How to use "wage assignment" in a sentence. The debtor accepted a wage assignment to pay off his loan over time. The company ...

  13. Wage Garnishment & Assignment: 4 must knows for employers

    Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act. ...

  14. Wage Assignment

    A wage assignment is a voluntary agreement that allows creditors to collect money directly from an employee's paycheck to repay a debt. Wage garnishments are used to repay various debt obligations such as taxes, child support, or loans. State laws regulate the conditions and limitations for wage assignments.

  15. Wage Assignment Definition & Example

    In most cases, wage assignments are ordered when a person is delinquent on child support, spousal support, taxes or loans. If the obligor shows a history of nonpayment, a wage assignment can be used to automatically subtract money owed from his or her payroll without his or her consent. For example, if an individual becomes delinquent on $100 ...

  16. Voluntary Wage Assignments and Why You Should Avoid Them

    A wage assignment is valid for up to 3 years. In other words, the payday lender could technically garnish your wages for 3 years or until the loan is repaid. For obvious reasons, agreeing to a wage assignment isn't smart. You give the payday lender access to your wages and make it easier for them when you are not legally required to do so.

  17. Wage Assignment

    Wage Assignment is a voluntary agreement: Wage assignment occurs when a debtor agrees to a voluntary arrangement in which their employer dedicates a portion of their income to pay off the debtor's outstanding debt. This allows the creditor to receive regular payments directly from the source of income without involving the debtor in the process.

  18. What is a Wage Assignment? (with pictures)

    A wage assignment is a deduction from an employee's pay, which may be used to pay off debts, or to pay child or spousal support. Some loans stipulate to a wage assignment should they fail to make prompt payments to pay off the loan. In this case, if the loan is not repaid, money is deducted from an employee's paycheck, either a specific sum ...

  19. Wage Assignment legal definition of Wage Assignment

    Wage Assignment: The voluntary transfer in advance of a debtor's pay, generally in connection with a particular debt or judgment. A debtor may negotiate with a creditor a wage assignment plan in which a portion of the debtor's paycheck is transferred to the creditor by the employer. This voluntary agreement is in contrast to garnishment, in ...

  20. Wage Assignment

    The wage assignment continues until the obligation to pay child support ends, whether there is a change in custody, the non-custodial parent dies, or the child becomes emancipated. Emancipation occurs when the child reaches the state's age of majority, which is eighteen in the majority of states. Emancipation may also occur if the child ...

  21. Assignment of Wages Law and Legal Definition

    An assignment of wages is the transfer of the right to collect wages from the wage earner to a creditor. The assignment of wages is usually effectuated by deducting from an employee's earnings the amount necessary to pay off a debt. The deduction may be made to pay spousal or child support, back taxes, or defaulted student loans.

  22. What is a Wage Assignment in Arizona

    A Wage assignment in Arizona is an order requiring a parent's employer to deduct that parent's child support and/or spousal maintenance obligation directly from his or her paycheck. The court is required by law to order support payments to be paid through a wage assignment in Arizona unless both parties agree otherwise.

  23. What is a wage assignment?

    Generally, a wage assignment is a court order directing the employer to take money out of the employee's paycheck. The law allows local child support agencies to use a federal form called an Income Withholding Order/Notice for Support (IWO) that does not require a judicial officer's signature. County of Los Angeles. 211 LA County.