Dedicated Representation Exclusively in Family Law Entrust your case to Attorney Paul Eads.

California Family Code

Family Code section 5241

ARTICLE 2. General Provisions [5230 - 5247]

( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

5241.

(a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant to this chapter is liable to the obligee for the amount of support not withheld, forwarded, or otherwise paid to the obligee, including any interest thereon.

(b) If an employer withholds support as required by the assignment order, the obligor shall not be held in contempt or subject to criminal prosecution for nonpayment of the support that was withheld by the employer but not received by the obligee. In addition, the employer is liable to the obligee for any interest incurred as a result of the employer’s failure to timely forward the withheld support pursuant to an assignment earnings order.

(c) In addition to any other penalty or liability provided by law, willful failure by an employer to comply with an assignment order is punishable as a contempt pursuant to Section 1218 of the Code of Civil Procedure.

(d) If an employer withholds support, as required by the assignment order, but fails to forward the support to the obligee, the local child support agency shall take appropriate action to collect the withheld sums from the employer. The child support obligee or the local child support agency upon application may obtain an order requiring payment of support by electronic transfer from the employer’s bank account if the employer has willfully failed to comply with the assignment order or if the employer has failed to comply with the assignment order on three separate occasions within a 12-month period. Where a court finds that an employer has willfully failed to comply with the assignment order or has otherwise failed to comply with the assignment order on three separate occasions within a 12-month period, the court may impose a civil penalty, in addition to any other penalty required by law, of up to 50 percent of the support amount that has not been received by the obligee.

(e) To facilitate employer awareness, the local child support agency shall make reasonable efforts to notify any employer subject to an assignment order pursuant to this chapter of the electronic fund transfer provision and enhanced penalties provided by this act.

(f) Notwithstanding any other provision of law, any penalty payable pursuant to this subdivision shall be payable directly to the obligee. The local child support agency shall not be required to establish or collect this penalty on behalf of the obligee. The penalty shall not be included when determining the income of the obligee for the purpose of determining the eligibility of the obligee for benefits payable pursuant to state supplemental income programs. A court may issue the order requiring payment of support by electronic transfer from the employer’s bank account and impose the penalty described in this subdivision, after notice and hearing. This provision shall not be construed to expand or limit the duties and obligations of the Labor Commissioner, as set forth in Section 200 and following of the Labor Code.

Client Testimonials

  • “I was able to text and call him and he would reply rapidly.”

    Jennifer C.

  • “Paul always provided straight to the point the advice with honesty and care.”

    Sophia V.

  • “Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex.”

    J.A.

  • “It was definitely a no hassle experience. Thank you!”

    Shannon R.

  • “His knowledge of the law is impeccable. ”

    Anbu R.

  • “He answered all my questions and gave me options and was very polite.”

    Youdiski Z.

  • “His knowledge and experience in family law radiates through his conversations and he made me feel comfortable.”

    Therisa H.

  • “Paul is fair and honest and I'm glad I chose him to represent me.”

    Happy Client

  • “Mr. Eads, I am forever grateful for your top-notch service.”

    Jenna P.

  • “He was very sympathetic to my cause and was very reassuring when I needed his assistance. ”

    Albert N.

  • “Mr. Eads when to bat for me and in my opinion, hit a home run.”

    Veronica S.

  • “Mr Eads Esq is the best around. ”

    Chris T.

  • “Paul holds his clients needs as priority.”

    Lorraine F.

  • “I recommend him to everybody! Thank you and God Bless!”

    Cee M.

  • “Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference.”

    Peter K.