California Code of Civil Procedure 706.051 – (a) For the purposes of this section, “family of the judgment …
(a) For the purposes of this section, “family of the judgment debtor” includes the spouse or former spouse of the judgment debtor.
(b) Except as provided in subdivision (c), the portion of the judgment debtor‘s earnings that the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor’s family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.
Terms Used In California Code of Civil Procedure 706.051
- debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
- Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
- Employee: means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. See California Code of Civil Procedure 706.011
- Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
- Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
(c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies:
(1) The debt was incurred pursuant to an order or award for the payment of attorney’s fees under Section 2030, 3121, or 3557 of the Family Code.
(2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor.
(3) The order is a withholding order for support under Section 706.030.
(4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).
(Amended by Stats. 2011, Ch. 694, Sec. 1. (AB 1388) Effective January 1, 2012.)