Garnished wages must factor in aid decisions, court says

The state Supreme Court ruled Monday that state-garnished wages -- in the form of child support payments -- adversely affect a family's ability to qualify for state aid under a California program designed to support impoverished children.

The CalWORKs program provides cash aid to impoverished families. For a family of four, $828 a month is the maximum amount of income allowed to qualify for the program.

The sole breadwinner of the plaintiff's four-person family, Bruce Christensen, received a paycheck in excess of $828. However, the state garnished a portion of those wages every month for child support payments. As a result, the actual amount of money available to the family each month was less than $828, which would allow their children to qualify for support under the program.

The California Department of Social Services ruled that, even though the family's actual take-home pay was less than $828, the child support payments counted as income "reasonably anticipated" to be "received," and thus the family was ineligible for the funding.

A San Francsico County Superior Court judge overturned the agency's decision. A 1st District Court of Appeal panel overturned the trial court, finding that the California Department of Social Services did not abuse its discretion in determining the unavailable money was "reasonably anticipated" income.

The state Supreme Court affirmed the appellate ruling. Christensen v. Lightbourne, 2019 DJDAR 6335.

-- Ilan Isaacs