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:

  1. The name of the person or agency entitled to receive support or spousal maintenance.
  2. The monthly amount of any current support and the monthly amount of any spousal maintenance ordered by the court.
  3. The specific amount requested for any support arrearages, spousal maintenance arrearages or interest.
  4. 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.

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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

What is a Wage Assignment in Arizona?

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.