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Old 10-30-2005, 09:56 PM
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Join Date: Oct 2005
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spousal support garnishments


What is the name of your state?California : california
I recently had the court send orders to garnish my ex spouses wages for the spousal support he was ordered to pay. I received a letter from the military saying he has multiple child support orders that I would not receive the amount ordered, is this legal? Is there a law to protect them from taking all their wages, if so what percentage can they take from someone . How will it be decided who get what amount. Will I be able to get my money someother way, can you go after spousal support like child support, and collect interest on any unpaid back support like chilc support in california?????? Please help I am disabled and support my self on the support. SewAmerican
  #2  
Old 10-31-2005, 10:13 AM
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Join Date: Jan 2003
Posts: 19,155
Quote:
Originally Posted by sewamerican
Is there a law to protect them from taking all their wages, if so what percentage can they take from someone .

Yes, there is.

[url]http://www.dod.mil/dfas/money/garnish/supp-qa.htm[/url]

"The Consumer Credit Protection Act (15 U.S.C. § 1673) limits the amount that can be deducted as child support/alimony from earnings. The limit ranges from 50 percent (50%) of disposable earnings to sixty-five percent (65%). The full ordered amount of child support/alimony will be deducted as long as that amount does not exceed the maximum percentage allowable. The following is an explanation of when the different maximum percentages apply:

* 50% of disposable earnings is the maximum percentage allowable if the obligor provides proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has not accrued an arrearage.
* 55% of disposable earnings is the maximum percentage allowable if the obligor provides proof that he/she is providing more than half the support of dependents other than for those whom the support is to be deducted, and if the payor has accrued an arrearage.
* 60% of disposable earnings is the maximum percentage allowable if the obligor has not provided proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has not accrued an arrearage.
* 65% of disposable earnings is the maximum percentage allowable if the obligor has not provided proof that he/she is providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payor has accrued an arrearage. 15 U.S.C. § 1673(b)(2)(A) and (B)

REMEMBER: THE PERCENTAGE AMOUNTS WILL ONLY BE DEDUCTED IF THE PAYOR DOES NOT HAVE SUFFICIENT DISPOSABLE EARNINGS TO ALLOW FOR THE FULL ORDERED AMOUNT TO BE DEDUCTED."

The existing orders will have priority over newer orders.

What percentage of his income do the CS orders comprise?
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