If you have a child who lives with the other parent, and you do not have legal custody of the child, a court may order you to make child support payments to the other parent. Child support payments are designed to help the custodial parent care for the child, particularly if you earn more than the other parent. If you do not make child support payments as required, you may be subject to wage garnishment.
Garnishment Process
If you fall behind on your child support payments and do not make arrangements to catch up the back child support, the court can order your employer to withhold a portion of your wages to pay your debt. Your employer must typically respond within 30 days, verify your employment status and earnings, and begin sending part of your wages to the court. The employer deducts garnishable amounts before you receive your paycheck or direct deposit, preventing you from taking any action to stop the garnishment.
No Judgment Necessary
Most creditors must file a lawsuit against you and win a court judgment before garnishing your wages for payment against a debt. However, under federal law, garnishment for back child support does not require a judgment. The lack of a judgment requirement can expedite garnishment proceedings, allowing your child's other parent to begin receiving funds more quickly than a standard judgment-based garnishment would allow.
Garnishment Limitations
Federal and state laws impose limitations on how much of your earnings can be garnished for debt payment. In most cases, federal law restricts garnishment to 25 percent of your post-tax earnings, and some states impose more stringent restrictions or prohibit garnishment altogether. However, child support garnishment is not subject to standard restrictions under federal and state law. Up to 60 percent of your wages may be garnished if a dependent does not live with you, and 50 percent may be garnished if you support a dependent living in your household.
Considerations
Child support garnishments typically take priority over garnishments for private debt -- that is, they are paid even if there is not enough income left over to pay other garnishments. Also, in some states such as New York, your wages may be subject to both child support and private debt garnishment, which can take nearly all of your income.
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