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Legal Definitions - wage-assignment order
Definition of wage-assignment order
A wage-assignment order is a legal directive issued by a court that compels an employer to deduct a specific amount of money directly from an employee's wages or salary and pay it to a designated third party. This order is typically put in place to ensure the regular payment of financial obligations, such as child support, spousal support (alimony), or court-ordered judgments for debts or damages. It essentially "assigns" a portion of the employee's future earnings to satisfy a legal debt, ensuring consistent payments without the need for the employee to initiate each payment themselves.
Example 1: Child Support Enforcement
After a divorce, a court orders Maria to pay $600 per month in child support to her ex-husband for their two children. However, Maria has a history of making late or incomplete payments. To ensure the children receive consistent financial support, the court issues a wage-assignment order to Maria's employer. This order legally requires the employer to automatically deduct $600 from Maria's paycheck each month and send it directly to her ex-husband or the state's child support agency. This arrangement guarantees that the child support payments are made regularly and on time, bypassing Maria's direct involvement in the payment process.
Example 2: Collection of a Court Judgment
John sued a former business partner, Alex, for breach of contract and won a judgment of $10,000. Alex, despite the court order, has been unwilling to pay the judgment voluntarily. John's attorney can petition the court for a wage-assignment order against Alex. If granted, this order would compel Alex's current employer to withhold a specific amount from Alex's wages each pay period and send it directly to John until the full $10,000 judgment, plus any accrued interest, is completely satisfied. This mechanism helps John collect the money he is legally owed.
Example 3: Spousal Support (Alimony) Payments
Following a lengthy marriage, a court orders Sarah to pay her ex-spouse, Michael, $1,200 per month in spousal support (alimony) for a period of three years. To provide Michael with financial stability and ensure the consistent receipt of these crucial payments, the court can issue a wage-assignment order to Sarah's employer. This order mandates the employer to withhold $1,200 from Sarah's monthly salary and disburse it directly to Michael, or a designated agency, ensuring that the spousal support payments are made without interruption and without Michael having to repeatedly request them.
Simple Definition
A wage-assignment order is a court order that compels an employer to withhold a portion of an employee's earnings and pay it directly to a creditor or for a legal obligation. This type of order is now more commonly referred to as an income-withholding order.