What Happens When an Employer Ignores a Child Support Garnishment Order in California

An employer that receives a valid California Earnings Withholding Order for child support has one legal option: comply. If they don’t, California Family Code Section 17522 makes the employer personally liable for every dollar they should have withheld. Most employers don’t know this. Here is the letter that reminds them.

What the Law Requires

Upon receiving a valid EWO, the employer must:

• Begin withholding from the payer’s very next paycheck (within 10 days of receipt)
• Remit withheld amounts to the California State Disbursement Unit
• Continue withholding every pay period until notified the order is released
• Notify DCSS if the employee leaves their employment

Why Employers Ignore EWOs

Small employers often fail to comply because they don’t understand the legal obligation, lose the paperwork, or assume the employee will handle it. A formal written notice citing the statute usually produces immediate compliance. A court motion for employer contempt produces it if the letter doesn’t.

The Employer Non-Compliance Letter

Section 18 of the California Child Support Recovery System includes the complete employer notification letter template. It cites Family Code 17522 directly, states the employer’s liability amount, and demands immediate withholding with a specific deadline. Send by certified mail to the payroll department.

Educational use only. Not legal advice. Justice Foundation.