In all dissolutions of marriage entered after January 1, 1988, and in any modifications of orders entered after that date, where child support payments are ordered, a wage assignment is automatically entered in favor of the person or agency entitled to receive the support payments. A.R.S. § 25-504(A).
In a proceeding in which spousal maintenance is ordered, the court may enter a wage assignment on either party’s request, but the wage assignment is not mandatory. Id.
Wage assignments issued pursuant to A.R.S. § 25-504, for either child support or spousal maintenance, have priority over all other attachments, executions, garnishments or assignments. A.R.S. §§ 12-1598.14(B) and 25-504(P).
Where a judgment debtor’s earnings become subject to more than one writ of garnishment, and of spousal and child support priority a judgment creditor recovers no nonexempt earnings for two consecutive paydays, the lien on earnings of such judgment creditor is invalid and of no force and effect, and the garnishee shall notify the judgment creditor accordingly. A.R.S. § 12-1598.14(C).
Garnishment limits for creditors (except for child support or spousal support) is up to 25% of a person’s gross wages. For child support and spousal support, the limit is up to 50% of a person’s gross wages.
In some cases, it may be advantageous to ensure that child support or spousal support is being paid by a wage assignment. Because of the priority for child support and spousal support wage garnishments, your income deduction will be going to support your children or ex spouse, which is generally preferable to the money going to a credit card company or other debt collector.
If you would like to discuss child support, spousal support, or other family law issues with an attorney, please call McGuire Gardner, PLLC at (800) 899-2730 or visit our website at www.YourArizonaDivorceLawyer.com.