garnishment question

[obie]

What is the name of your state?NY

there is a judgement against my ex husband for $2000 which 10% starting next week will be taken out since we never paid it.

But if the child support he pays me is taken out by the county and given to me, can he still have his wages garnished for old debt?

[JETX]

Originally Posted by obie

What is the name of your state?NY

there is a judgement against my ex husband for $2000 which 10% starting next week will be taken out since we never paid it.

But if the child support he pays me is taken out by the county and given to me, can he still have his wages garnished for old debt?

That depends on the amount being garnished for support.

The creditor may issue its garnishment regardless of how many garnishments are already being applied to the debtor's income. However, whether the creditor will be able to take any of the debtor’s income depends on many factors. First, federal law provides that a garnishment against wages must leave the debtor with the greater of 75% of disposable income after taxes, or the equivalent of receiving minimum wage for a 30-hour workweek. Second, if there is another garnishment that was issued prior to the issuance of the creditor’s garnishment, that garnishment would take priority over the creditor's later garnishment. In addition, some garnishments receive higher priority regardless of when they are filed (e.g., income withholding orders for child support collection purposes).

If a higher priority garnishment exhausts all of the funds available (that is, takes 25% of the debtor’s after tax pay or all pay in excess of that protected by the minimum wage formula, whichever is less), no funds will be received by the creditor with the lower priority garnishment. However, if the higher priority garnishment takes less than all of the available funds, the creditor's garnishment would then be put into effect until it expires.