How to avoid having your salary garnished for child support
In most cases, a parent's salary is not garnished for the need of child support until they have fallen significantly behind on their payments and have not made complete payments in a number of months. The courts and an agency run by the state government that handles child support typically begin the process of wage garnishment and coordinate it with the parent's employer in question.How much room is there for garnishing
From 1968 onwards, when the government passed Title III of the Consumer Credit Protection Act into law, federal law has imposed constraints on all different kinds of garnishments. The law will allow employers of divorced parents to garnish up to fifty percent of the parent's earnings for delinquent child support payments. This percentage increases to sixty percent if the guardian in question is'nt supporting a partner, child or children not under the cover of the child support order that's being questioned. If the concerned parent is overdue for over 12 weeks in payments, there is an additional 5% increase in the amount due. The combined limit is between 50 and 65 percent. Because this would amount to 85 percent of the debt, a creditor cannot collect 25 percent of the debt while also having child support garnish about 60 percent of the debt. Garnishments for child support have precedence over all other garnishments, except for tax levies issued by the IRS. Even in this case, the need to pay child support takes precedence over any other liens or levies unless the lien or levy was lodged prior to the date on which the child support order was made.Child support garnishment –– what is the procedure behind it?
When a company receives information that it needs to garnish an employee's salary, the process can then officially commence. To explain the wage garnishment, the employer needs to write to the worker and either send it along with the subsequent payment or send it ahead of time.Sources of income
In addition to regular salaries, child support arrears might have a garnishment order against other income kinds. The Federal Office of Child Support Enforcement states that a garnishment can also be placed on other types of income. Virtually every possible source of income is susceptible to risk.How to prevent your salary from being garnished
In case your employer wrongfully garnishes a portion of your pay, you do not stand helpless before this action. First, you need to compile evidence of all of the payments you've made for child support. Make a formal request to the court to end the garnishment that has been going on. Take the order to end the garnishment to your boss in case your request is approved. The wage garnishments must be stopped immediately.Altering or changing a garnishment in some way
Different jurisdictions might have different requirements for the grounds on which a child support order or garnishment might be contested or changed. One could consider the following valid justifications for making a change:- Your employment situation has undergone a recent transition.
- A new guardian has been appointed for the youngster recently.
- Your money has come in at a lower level.
- The current income of the parent in custody is more than what it was before.
Discrimination on the part of employers and wage garnishments
Employees are shielded from discrimination of the unfair nature that could result from wage garnishments by the law. Your employer is not allowed to fire you just because your wages are being garnished. Your employer is not permitted to withhold any amount larger than the maximum legally allowable amount.Wage garnishments –– how you can avoid them
If you are flaling behind on your payments for child support but still not yet gotten your earnings taken, you should consider making contact with the court to work out a payment schedule that is affordable for you. If you are facing challenges with your finances or in case your situation has significantly altered since the issuing of the original child support order, you may want to consider requesting a hearing to have the amount of child support required to pay adjusted. For assistance with this procedure, you should contact a child support attorney who has experience in your local region or with a legal aid organization.Child support garnishment vs. income withholding orders –– what is the difference?
It is not hard to understand why parents would be perplexed by all of this, given that they are aware that funds is being removed from their paychecks regularly. Your employer is mandated by law only to withhold the amount of your "regular" child support per pay period. It is essential to differentiate between this procedure and wage garnishment. As a result of the fact that this arrangement only covers the payment for active obligations for child support and not arrears, the limits of 50–65 percent do not apply.Frequently Asked Questions (FAQs)
By what extent do you have to fall behind on your child support payments until your wages begin to be garnished?
You immediately face several potential consequences when you fall behind on your payments. For instance, in case you are more than sixty days behind on child support payments and the total amount owed is more than one hundred dollars, the tax authorities in California have the authority to remove the money directly from your accounts. At each of the several levels of child support delinquency, your local child support agency will determine the specific procedures that need to be taken next.How does one determine the amount of child support one is responsible for paying?
The formula used to determine how much you will have to pay for child support will vary significantly from State to State. If you require assistance with calculating your child support payments, you should contact the appropriate state authorities.