Excessive wage garnishments or not

[Lonnie1218]

I have 2 child support arrears garnishment orders being taken from my check each week. One is enforced by NJ where I reside but order originally from AZ (where my both kids, now emancipated and grown live) which only takes about $25.00 but the other is directly from AZ which is taking 4;times that amount. Also I have an IRS levy being taken out as well. Is this legal?;

 

[adjusterjack]

Yes, it's legal.

Are you being garnished for child support arrears or for current support?

If arrears there is nothing you can do about it.

If for current you should be able to go to court and get the CS orders cancelled since your kids are grown up.

 

[CTU]

I have 2 child support arrears garnishment orders being taken from my check each week. One is enforced by NJ where I reside but order originally from AZ (where my both kids, now emancipated and grown live) which only takes about $25.00 but the other is directly from AZ which is taking 4;times that amount. Also I have an IRS levy being taken out as well. Is this legal?;

It depends, actually - exactly how much is being garnished? (percentage wise).

 

[LdiJ]

It depends, actually - exactly how much is being garnished? (percentage wise).

IRS levies can take all but one's personal exemption...so the overall percentage may not matter.

Example: If someone is paid 2000.00 every two weeks and is married with two children, then 4100 x 4 = 16400. If that person is paid every two weeks then 16400.00 / 26 = 630.00 and the IRS can take the rest. However, if that same person is a single person with no dependents the IRS can take all but 4100/26 = 158.00.

However, generally the IRS does not want to levy wages and will cheerfully set up a payment plan and take someone off of a levy.