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Thread: Can child support take 100% of a paycheck?

  1. #1
    Cori-B is offline Junior Member
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    Can child support take 100% of a paycheck?

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

    My boyfriend got paid today and out of $730.00 child support took $722.00 leaving him 8 dollars in his accout. He has been paying child support regularly and it is automatically taken out of his check. He does owe back support but from what it sounds like he has made arrangements on that as well. So can thay all of a sudden take that much of his check if he has been paying regularly for the past 4 years?
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by Cori-B View Post
    What is the name of your state (only U.S. law)? Indiana

    My boyfriend got paid today and out of $730.00 child support took $722.00 leaving him 8 dollars in his accout. He has been paying child support regularly and it is automatically taken out of his check. He does owe back support but from what it sounds like he has made arrangements on that as well. So can thay all of a sudden take that much of his check if he has been paying regularly for the past 4 years?
    if he owes arrears and they are still increasing. yes they can garnish his check.

    here's a link to child support guidlines in Indiana.

    [url=http://www.in.gov/judiciary/rules/child_support/index.html]Child Support Rules And Guidelines[/url]
  3. #3
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Cori-B View Post
    What is the name of your state (only U.S. law)? Indiana

    My boyfriend got paid today and out of $730.00 child support took $722.00 leaving him 8 dollars in his accout. He has been paying child support regularly and it is automatically taken out of his check. He does owe back support but from what it sounds like he has made arrangements on that as well. So can thay all of a sudden take that much of his check if he has been paying regularly for the past 4 years?
    Did they garnish his check or his banking account? Those are two different questions. They cannot take his entire check. They can take his entire banking account.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by Cori-B View Post
    What is the name of your state (only U.S. law)? Indiana

    My boyfriend got paid today and out of $730.00 child support took $722.00 leaving him 8 dollars in his accout. He has been paying child support regularly and it is automatically taken out of his check. He does owe back support but from what it sounds like he has made arrangements on that as well. So can thay all of a sudden take that much of his check if he has been paying regularly for the past 4 years?
    No, and the entity that made the mistake is his employer. Whoever handles payroll there obviously does not know or understand the rules for garnishing. I believe that the maximum that can be garnished in Indiana is 55% of Net (after tax) income.
  5. #5
    seniorjudge is offline Senior Member
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    Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligorís principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.

    http://www.courtinfo.ca.gov/forms/fillable/fl195.pdf

    I believe this is a standard form used in all states.
    There are two rules for success:

    (1) Never tell everything you know.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    No, and the entity that made the mistake is his employer. Whoever handles payroll there obviously does not know or understand the rules for garnishing. I believe that the maximum that can be garnished in Indiana is 55% of Net (after tax) income.
    Unless it was siezed from his bank account.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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