FL 435 Earnings Assignment Order for Spousal Support

If you have a court-ordered spousal support obligation, one of the most reliable ways to receive payments is to have them sent directly from the payer’s employer. In California, the tool often used for this purpose is the FL 435 Spousal Support Earnings Assignment Order. It streamlines payment collection and makes transitions easier when employment changes occur.

What is an FL 435?

The FL 435 is an earnings assignment order specifically for spousal support. When properly filed and served, an employer withholds the ordered spousal support from the paying spouse’s wages and sends it to the recipient.

Key benefits of using FL 435

• No signature required. Either party can file the FL 435 without needing the other party’s signature, which speeds up the process.
• Not employer-specific. The FL 435 does not name a specific employer, so the same filed order can be served on a new employer if the paying spouse changes jobs.
• Less administrative updating. When a paying spouse moves between employers, you simply serve the already-filed FL 435 on the new employer rather than filing a new court document or modification.
• Reliable income collection. Having payments come directly from payroll reduces missed or late payments and establishes a clear record of enforcement.

How FL 435 differs from FL 195 (Income Withholding Order)

The FL 195 is an Income Withholding Order that can be used for child support and spousal support. It works similarly to the FL 435 in that employers withhold support amounts from wages, but there are important differences:

• Employer-specific: FL 195 requires listing the payer’s employer and details such as employee ID. That makes it tied to that particular employer.
• Requires updates when employment changes: If the paying spouse changes jobs, the FL 195 generally needs to be modified or reissued for the new employer to begin withholding.
• Broader use: FL 195 is commonly used for child support but can also include spousal support; FL 435 is focused on spousal support only.

“It does not specify an employer. That’s the biggest difference between the FL 435 and the FL 195.”

Filing and service: practical steps

Using an FL 435 is straightforward if you follow these basic steps.

1. Obtain the FL 435 form and complete it with the court case information and the spousal support order details.
2. File the FL 435 with the court clerk so it becomes an official court document.
3. Serve the filed FL 435 on the paying spouse’s employer so payroll can begin withholding the required amounts.
4. If the paying spouse changes employers, serve the same filed FL 435 on the new employer. No new court filing or signature is normally required.

When to choose FL 435 vs FL 195

Choose an FL 435 when the support owed is spousal support only and you want a flexible, employer-agnostic method that survives job changes without immediate modification.

Choose an FL 195 if you need to include child support in the withholding order or if a specific employer’s payroll department requires an income withholding order with employer details and employee identifiers.

Limitations and considerations

• FL 435 applies to spousal support. For child support enforcement and federal/state registry requirements, other forms such as FL 195 may be necessary.
• Employment type and payroll practices can affect how quickly withholding begins. Serve the employer promptly and follow up with payroll if needed.
• Keep copies of the filed order and proof of service. If payments stop, these documents are essential for enforcement.
• Family law procedures and form names vary by state. Confirm local rules or consult a family law attorney to ensure proper filing and enforcement in your jurisdiction.

Final tips

• File the FL 435 as soon as the spousal support order is entered to reduce the chance of missed payments.
• Serve the order on each employer as employment changes occur. Because the FL 435 is not employer-specific, the same filed order works each time.
• Keep communication clear with payroll departments and maintain accurate records of all payments received.
• If collection problems arise, contact the court or a qualified family law professional for assistance with enforcement options.

Using the FL 435 can simplify collection of spousal support and provide greater continuity when employment changes. When chosen and executed correctly, it helps ensure consistent, on-time payments without constant court paperwork.