Can child support take 100% of a paycheck?

[Cori-B]

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?

[Isis1]

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]

[Ohiogal]

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.

[LdiJ]

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.

[seniorjudge]

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/obligor’s 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.

[Ohiogal]

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.