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Request under Code of Civil Procedure section 706.052 in California

A request under Code of Civil Procedure section 706.052 to increase the percentage of disposable income to be withheld for support in California is the topic of this blog post. If the specified circumstances are met a court in California can increase the percentage of disposable income to be withheld for support from 50% to 55-65% depending on the unique facts of that particular case.

A motion filed under Code of Civil Procedure section 706.052 if you use it in the right situation can be a very powerful tool to not only increase the percentage of disposable income to be withheld for support but also convince the other party to work out an arrangement regarding the support arrearages.

For example the provisions of Title 11 United States Code section 1673 state that the percentage of disposable income that can be withheld for support may be increased as follows:

55% if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. See 11 U.S.C. § 1673(2)(B);

60% if the other party is not supporting such a spouse or dependent child described in clause (A). See 11 U.S.C. § 1673(2)(B);

65% if if the other party is not supporting such a spouse or dependent child described in clause (A) and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. See 11 U.S.C. § 1673(2)(B).

This motion is often overlooked by some attorneys and other legal professionals that work in divorce and other family law cases in California that may be under the mistaken impression that there is no way you can increase the percentage of disposable income to be withheld for support because “everyone knows that you cannot go higher than 50% because that’s the law.”

Attorneys or parties in California that would like to view a portion of an 11 page sample motion under Code of Civil Procedure section 706.052 containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration in Microsoft Word format sold by the author of this blog post can see below.

 

To view more information on a California divorce litigation document collection containing over 45 sample documents specifically designed for California divorces sold by the author of this blog post can use the link shown below.

legaldocspro.net/california-divorce-litigation-document-package/

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

 You can view sample legal document packages for sale at: http://legaldocspro.net

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

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