Child Support Garnishments

What is wage garnishment and how does it relate to child support?

Wage garnishment is a process in which the court will allow a creditor (the person who is owed the debt) to collect a portion of a debtor’s (the person who owes the debt) earnings to satisfy a legal judgment. This can occur in many situations, including failure to pay child support on a regular basis.

In the context of child support, a portion of your earnings will be exempt, meaning they are non disposable. This typically amounts to about 50-60% of a person’s earnings to account for things like cost of living and taxes. This means that the remaining portion of your wages may be subject to garnishment, and your employer will be required to withhold this portion of your earnings from your paycheck and give it to your creditor. There are some exceptions to this, including individuals below the poverty line or those receiving need-based public assistance. If garnishment would reduce the debtor’s income below the poverty line, it is limited to the amount needed to keep the debtor above the poverty line.

The employer must notify the debtor of the garnishment and provide information on how much they withheld. Those who believe that garnishment is creating undue hardship may file an action in opposition to garnishment. The court will determine if garnishment is fair. Garnishment for child support will take priority over any other legal process, regardless of whether other types of garnishment actions are filed earlier. If an employer receives multiple income-withholding orders from the same obligor, the court must determine the priorities for withholding and allocating the income.