EATMON, ET AL VS. LOCKWOOD, ET AL

CASE NUMBER: CVCV19-0191680 Tentative Ruling on Motion for Earnings Withholding Order: Judgment Creditors’ Daniel Lockwood and Roseanne Lockwood move for an order to issue an earnings withholding order against the Judgment Debtor’s spouse, Christine Eatmon, pursuant to CCP section 706.109. Judgment Debtor Jason Eatmon was timely served by mail with the motion and was additionally served by substitute service. Spouse Christine Eatmon was timely served by personal service. Christine Eatmon opposes the motion.

“An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.” CCP § 706.109. “Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.” Fam. Code § 910(a). “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”

Fam. Code § 760. “It is well settled that earnings of either the husband or the wife acquired during the marriage constitute community property.” State Bd. of Education v. Woo (2000) 82 Cal.App.4th 481.

Here, the Lockwoods seek to enforce a judgment entered against Jason Eatmon. It is undisputed that Jason Eatmon and Christine Eatmon are currently married and were married at the time the judgment was entered and the debt was accrued. While Christine Eatmon’s wages are deposited into an account in the solely in her name, this does 6

not change the character of the wages as community property. The Court acknowledges that the judgment against Christine Eatmon was discharged in bankruptcy. However this does not exempt her wages from garnishment pursuant to 11 U.S. Code § 524(b)(2).