Wage garnishment

[mudd0930]

What is the name of your state (only U.S. law)? NJ

I currently am having 65% of my wages garnished for child support and alimony. I spoke with an attorney last week who said that by law since I am remarried that they are only allowed to garnish 55% of my wages. Is that correct for the state of NJ and could you state the law so I can go back to probation and have them correct this?

Thank you.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? NJ

I currently am having 65% of my wages garnished for child support and alimony. I spoke with an attorney last week who said that by law since I am remarried that they are only allowed to garnish 55% of my wages. Is that correct for the state of NJ and could you state the law so I can go back to probation and have them correct this?

Thank you.What is the name of your state (only U.S. law)?

I don't think that's accurate. I think that if there are arrearages they can take 65% even if you are remarried. Obviously you have arrearages.

I just did some googling and according to the information I found, NJ goes by the federal rules and they are as follows:

"(B) Where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve week period which ends with the beginning of such workweek."

That is very complicated legalese, however it basically says that if you have arrearages, they can take 65%.

 

[Gracie3787]

What is the name of your state (only U.S. law)? NJ

I currently am having 65% of my wages garnished for child support and alimony. I spoke with an attorney last week who said that by law since I am remarried that they are only allowed to garnish 55% of my wages. Is that correct for the state of NJ and could you state the law so I can go back to probation and have them correct this?

Thank you.What is the name of your state (only U.S. law)?

The Consumer Credit Protection Act in the US code, Title 15 chapter 41 governs the max that can be garnished. In part the Act states:

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—
(A) where such individualis supporting his spouse or dependant child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and

(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

Since you are married, paragraph (A) pertains to you. The max is 50% without arrears, and 55% if arrears greater than 12 weeks are owed.

You can read the entire Act at Donate to the Legal Information Institute

 

[LdiJ]

The Consumer Credit Protection Act in the US code, Title 15 chapter 41 governs the max that can be garnished. In part the Act states:

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—
(A) where such individualis supporting his spouse or dependant child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and

(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

Since you are married, paragraph (A) pertains to you. The max is 50% without arrears, and 55% if arrears greater than 12 weeks are owed.

You can read the entire Act at Donate to the Legal Information Institute

I would think that what kind of money his wife makes would be a determining factor. It says "is supporting his spouse or dependent child".

 

[Ohiogal]

I would think that what kind of money his wife makes would be a determining factor. It says "is supporting his spouse or dependent child".

No the spouse's income doesn't matter. He is deemed to be supporting his spouse as she is deemed to be supporting him. It is maxed at 55%.

 

[LdiJ]

No the spouse's income doesn't matter. He is deemed to be supporting his spouse as she is deemed to be supporting him. It is maxed at 55%.

OK then...then he needs a serious talk with his employer, because the employer is responsible for ensuring that no more is withheld from his pay than the maximum allowed by law.

 

[Gracie3787]

OK then...then he needs a serious talk with his employer, because the employer is responsible for ensuring that no more is withheld from his pay than the maximum allowed by law.

That's correct. The OP needs to print out the law and take it to his employer to have them deduct the correct amount.

OP- doing this will cause arrears to accrue, so you need to speak to your attorney about possibly filing for a modification.