Earnings Assignment Order for Spousal or Partner Support

Top of caption: name of the obligee (or attorney) preparing the order. The pre-2005 form combines name, bar number, and address into a single 'Attorney or Party Without Attorney' block.

• Writing the obligor's name here. The caption is for the person filing the order (the obligee), not the person paying support.
• Filer types only first name; the caption needs full legal name.

State bar number for the filing attorney; pro se filers leave blank.

• Pro se filer fills with driver's license number.
• Out-of-state attorney fills home-state bar number.

First address line for the filer (street).

• Filer types proposed new address that does not match the residence on FL-100.
• Filer uses a P.O. Box that does not work for receiving the conformed copy.

Second address line (city, state, ZIP).

• Filer omits the ZIP.
• Filer types only city without state.

Third address line (overflow). Most filers leave blank.

• Filer fills with phone instead of leaving blank.
• Filer types country name unnecessarily.

Filer phone number.

• Filer leaves blank for privacy; the clerk uses this to confirm signature pickup.
• Filer lists a number disconnected since the underlying order.

Filer fax. Effectively obsolete; leave blank.

• Filer types 'N/A'.
• Pro se filer fills phone number for fax.

Filer email. Optional but recommended; many courts use it for status notifications.

• Filer lists a stale email no longer monitored.
• Filer omits and clerk has no fast way to send the conformed copy.

'Attorney for' caption. Pro se filers type 'Self-Represented' or 'In Pro Per' or 'Petitioner in Pro Per' / 'Respondent in Pro Per'.

• Pro se filer leaves blank.
• Pro se filer types 'N/A' instead of 'In Pro Per'.

Court county. Same county as the underlying support order.

• Filer types county of residence rather than court county.
• Filer files in a new county after a move; FL-435 must be in the same court that issued the support order.

Court street address. Recommended.

• Filer copies a closed-courthouse address from older paperwork.
• Filer uses the mailing address only.

Court mailing address. Recommended.

• Filer duplicates the street address when the courthouse uses a separate P.O. Box.
• Filer leaves blank where mail goes through a separate P.O. Box.

Court city and ZIP code. Recommended.

• Filer omits ZIP.
• Filer types the wrong ZIP for a courthouse with multiple ZIPs.

Court branch (e.g., Stanley Mosk Courthouse for LA).

• Filer guesses a branch name.
• Filer types 'Main' or 'Central' when the local court uses a different branch name.

Petitioner / plaintiff caption. Match the caption on the underlying support order exactly.

• Listing the obligee on this line regardless of which party they were in the case. The caption uses the original case caption (Petitioner / Respondent), not 'Obligee / Obligor'.
• Filer changes spelling between underlying order and FL-435.

Respondent / defendant caption. Match the underlying support order.

• Filer transposes petitioner / respondent.
• Filer changes spelling between underlying order and FL-435.

'Other Parent' caption line. Used in parentage cases (FL-200) where the case caption already includes a third parent. For a dissolution between two spouses with no third parent in the case, leave blank.

• Filer fills in for a two-party dissolution; only used in parentage cases with a third parent.
• Filer types 'N/A' instead of leaving blank.

Case number from the underlying support order. Required; the payor uses this to confirm the order matches the right case if questions come up.

• Filer types the FL-100 case number from a different matter.
• Filer drops leading zeros.

Title-block 'Modification' indicator. Check ONLY if there is a prior earnings assignment in the same case and this FL-435 supersedes it. Mirrors the body modification flag at item 5.

• Checking 'Modification' on the first earnings assignment in the case. Modification means there is already a prior FL-435 in this case.
• Filer checks the title block but leaves item 5 unchecked (or vice versa); both should match.

TO THE PAYOR field: name and date of birth of the obligor. The payor uses this to identify the correct employee, especially when more than one employee shares a name.

• Omitting the date of birth. The form's text says 'specify obligor's name and birthdate'; the birthdate matters because the payor needs to disambiguate.
• Filer types only first name; the payor needs full legal name.

Item 1a checkbox: monthly current spousal or partner support to withhold.

• Leaving 1a unchecked when the underlying order has a current support amount. Without 1a checked, the payor may not know whether to withhold current support.
• Filer checks 1a for arrears-only collection; 1a is for current support.

Item 1a dollar amount per month for current support. Must match the monthly amount in the underlying support order.

• Entering an amount that does not match the underlying order. The payor follows what FL-435 says, but if the obligor objects (FL-450), a mismatch with the underlying order will cause the order to be reduced or modified.
• Filer enters annual amount; the form expects monthly.

Item 1b checkbox: monthly arrearages payment to withhold (in addition to current support).

• Checking 1b when the underlying order does not specify a monthly arrears payment. If arrears exist but no monthly payment is ordered, leave 1b unchecked and rely on item 9 to memorialize the cumulative balance.
• Filer leaves 1b blank when the underlying order set a monthly arrears payment.

Item 1b dollar amount per month for arrearages. Required if 1b checked.

• Filer enters cumulative balance instead of monthly amount.
• Filer enters amount that, combined with current support, exceeds CCPA caps.

Item 1c: total deductions per month. Sum of 1a and 1b. The payor compares this single total against the federal Consumer Credit Protection Act caps (50 percent of disposable earnings if the obligor supports a spouse or child; 60 percent otherwise; plus 5 percent if the obligor is more than 12 weeks behind, 15 USC 1673(b)(2)).

• Total does not match 1a + 1b. Recompute carefully; payors and judges check this.
• Filer enters annual rather than monthly total.

Item 2 checkbox: payee for current support payments (1a).

• Leaving item 2 unchecked when 1a is checked. The payor needs to know where to send current support.
• Filer checks both item 2 and item 3 even when one payee covers both.

Item 2 name and address for current support payments. Use a stable mailing address.

• Listing a P.O. box that the user has since closed; the payor mails checks here for the duration of the order.
• Filer omits ZIP.

Item 3 checkbox: payee for arrearages payments (1b).

• Filer checks item 3 with no item 1b checked.
• Filer leaves item 3 blank when 1b is checked.

Item 3 name and address for arrearages payments. Same format as item 2; usually the same payee, occasionally a different person or agency if arrears were assigned.

• Filer copies item 2 address when arrears are assigned to a different agency.
• Filer omits ZIP.

Item 5 body-of-order modification flag. Check if a prior FL-435 is in place in the same case; signals the payor that this order replaces the prior amounts and addresses. Mirrors the title-block 'Modification' indicator.

• Checking the body modification box but leaving the title-block modification flag unchecked, or vice versa. Both should match.
• Filer checks item 5 on the first FL-435 in the case.

Item 8 'Other' checkbox. Use only if the underlying order or stipulation includes additional instructions for the payor (rare).

• Filer checks item 8 with no specify text.
• Filer uses item 8 for terms already covered by items 1-7.

Item 8 specify field for extra terms.

• Filer leaves blank after checking item 8.
• Filer paraphrases the underlying order rather than quoting key terms.

Item 9 cumulative arrearages owed as of a date. Calculated under Family Code section 4502 with interest at 10 percent simple per Code of Civil Procedure section 685.010.

• Entering only the principal owed without interest. Arrears interest accrues automatically at 10 percent simple under California law.
• Filer mixes spousal and child support arrears; FL-435 covers spousal/partner support only.

Item 9 'as of (date)' for the arrears total. The arrears total in 1b accrues from this date.

• Filer leaves blank after entering an arrears total.
• Filer uses the current date but the calculation was as of an earlier date.

Reminder: judicial officer signs FL-435. Do not sign or date as the filer.

• Filers signing on the judicial officer line. The form is a court order; the judge signs.
• Filer dates the judicial officer line.