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IRS Garnishment At 60%

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mg4885

Junior Member
What is the name of your state (only U.S. law)? Ohio

I'm working through some financial issues that involves both an IRS tax debt and a defaulted student loan. I've been garnished since 2013. (Taking tax refunds and all that jazz too)

Quickly - The IRS debt has $5,500 left. It's statute of limitations runs out in Sept 2018. The Student Loan has $11,000 with the original principle of $4000. Decades old. (Working on either getting it discharged or settled) I am currently trying to figure out which debt the IRS is collecting with the garnishment.

And a little background- I work through a union hall that works more like a hiring hall. I get around 15 W-2's each year. I get paid through the union payroll for some jobs and others are paid by companies from around the US. I am being garnished on the union payroll and one other company.

I'm not concerned about the individual company. It's the union payroll that I seem to have found a problem.

My first garnishment was in 2013 through the union payroll. Once per year i have a 5 day gig that pays $2400. Didn't get a warning letter. The check was for $ 700-ish after deductions and the garnishment. The deductions would have made the check close to $1800 net if we don't include the garnishment. So nearly $1,100 was garnished out of that check alone. It's been the same for other checks through the union hall between 2013 and 2016.


What I need help with is whether this is allowed or not? It seems they are garnishing me at 50-60%. And from what I've read recently it seems the IRS can only take a max of 25% of disposable income if the check is above $290 per week. For Student Loans it is 15% above $290 per week I think.

The only thing I can think of is the union hall has been garnishing me at child support levels for the past 3 years. I'll be going to the hall on Monday.

Can anyone steer me in the right direction with this? Thanks!
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ohio

I'm working through some financial issues that involves both an IRS tax debt and a defaulted student loan. I've been garnished since 2013. (Taking tax refunds and all that jazz too)

Quickly - The IRS debt has $5,500 left. It's statute of limitations runs out in Sept 2018. The Student Loan has $11,000 with the original principle of $4000. Decades old. (Working on either getting it discharged or settled) I am currently trying to figure out which debt the IRS is collecting with the garnishment.

And a little background- I work through a union hall that works more like a hiring hall. I get around 15 W-2's each year. I get paid through the union payroll for some jobs and others are paid by companies from around the US. I am being garnished on the union payroll and one other company.

I'm not concerned about the individual company. It's the union payroll that I seem to have found a problem.

My first garnishment was in 2013 through the union payroll. Once per year i have a 5 day gig that pays $2400. Didn't get a warning letter. The check was for $ 700-ish after deductions and the garnishment. The deductions would have made the check close to $1800 net if we don't include the garnishment. So nearly $1,100 was garnished out of that check alone. It's been the same for other checks through the union hall between 2013 and 2016.


What I need help with is whether this is allowed or not? It seems they are garnishing me at 50-60%. And from what I've read recently it seems the IRS can only take a max of 25% of disposable income if the check is above $290 per week. For Student Loans it is 15% above $290 per week I think.

The only thing I can think of is the union hall has been garnishing me at child support levels for the past 3 years. I'll be going to the hall on Monday.

Can anyone steer me in the right direction with this? Thanks!
I do not understand where you got your percentages but the IRS can and will garnish ALL of your net check minus your yearly personal exemption(s) divided by your number of pay periods. However, if you will get yourself set up on a formal payment plan with them, they can and will be quite reasonable about that.

The IRS garnishes for themselves first. Therefore they will not take any refunds for student loans until your taxes are paid in full.
 

mg4885

Junior Member
I suppose that's why I came here :)

I was wrong on the percentages. I was looking at the chart for creditors and not the chart for Federal taxes. Seems like for a bi-weekly pay schedule & single with one exemption then $389.08 is exempt from the garnishment. Which can be increased if someone claims more allowances on their w-4 (I think)

Thanks for the reply. It steered me onto the right charts.
 

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