§ 704.120 Unemployment insurance and compensation funds; exemption; child support judgments

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 704.120

§ 704.120. Unemployment insurance and compensation funds; exemption; child support judgments

    (a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without making a claim.

    (b) Before payment, amounts held for payment of the following benefits are exempt without making a claim:

        (1) Benefits payable under Division 1 (commencing with Section 100) of the Unemployment Insurance Code.

        (2) Incentives payable under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code.

        (3) Benefits payable under an employer's plan or system to supplement unemployment compensation benefits of the employees generally or for a class or group of employees.

        (4) Unemployment benefits payable by a fraternal organization to its bona fide members.

        (5) Benefits payable by a union due to a labor dispute.

    (c) After payment, the benefits described in subdivision (b) are exempt.

    (d) During the payment of benefits described in paragraph (1) of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, through the appropriate local child support agency, seek to apply the benefit payment to satisfy the judgment as provided by Section 17518 of the Family Code.

    (e) During the payment of benefits described in paragraphs (2) to (5), inclusive, of subdivision (b) to a judgment debtor under a support judgment, the judgment creditor may, directly or through the appropriate local child support agency, seek to apply the benefit payments to satisfy the judgment by an earnings assignment order for support as defined in Section 706.011 or any other applicable enforcement procedure. If the benefit is payable periodically, the amount to be withheld pursuant to the assignment order or other procedure shall be 25 percent of the amount of each periodic payment or any lower amount specified in writing by the judgment creditor or court order, rounded down to the nearest whole dollar. Otherwise the amount to be withheld shall be the amount the court determines under subdivision (c) of Section 703.070. The paying entity may deduct from each payment made pursuant to an assignment order under this subdivision an amount reflecting the actual cost of administration caused by the assignment order up to two dollars ($2) for each payment.