wage garnishment

[spoofer]

What is the name of your state? wv

So last week my husband only worked two days because his company shut down for the holidays. If they garnish his weekly child support amount it will be about 90% of that paycheck. I read somewhere payroll can only garnish up to 50% of a persons paycheck if they are married with other children. So I was wondering if payroll can garnish all of his support amount from the check or only fifty percent of the check?

 

[Gracie3787]

What is the name of your state? wv

So last week my husband only worked two days because his company shut down for the holidays. If they garnish his weekly child support amount it will be about 90% of that paycheck. I read somewhere payroll can only garnish up to 50% of a persons paycheck if they are married with other children. So I was wondering if payroll can garnish all of his support amount from the check or only fifty percent of the check?

Legally, it should be no more than 50%. However, in the real world, quite often payroll is done by computer and the normal amount will be deducted anyway even if it takes the entire check.

The only way to prevent that would be to print out the Consumer Credit Protection Act and give it to the employer, but it needs to be done at least a few days before payroll is done. In a situation like your husband's it probably is too late, and won't be worth the hassle if this is only a one time situation. Just hope for the 50%, but expect that the normal amount will be garnished. Either way, the difference must be paid, so it's better to have it garnished from the start.

 

[jbowman]

I have a wage garnishment order for the NCP also. The CS comes out weekly. In the past when NCP has missed a week of work and/or not earned enough in that week, the check would be doubled up on the next's weeks check. I dont know if I am lucky or not but that is how they have handled it.

When I was concerned --knowing he wouldnt be working a certain week, they explained that they could not take more than 50% of the weekly check but since the wage assignment is based on a monthly amount due, they would work it out to ensure I did receive the entire month's amount.

 

[spoofer]

Yeah January is a month he'll recieve five paychecks. So five cs support payments. So even if they did take the fifty percent they wouldn't have to make up the difference and take more anyway because that fifth week would cover it. He'll have his HR forward a copy of the consumer protection act monday. That should reach them in time.

 

[jbowman]

Yeah January is a month he'll recieve five paychecks. So five cs support payments. So even if they did take the fifty percent they wouldn't have to make up the difference and take more anyway because that fifth week would cover it. He'll have his HR forward a copy of the consumer protection act monday. That should reach them in time.

No you completely misunderstand how CS works. CS is based on a yearly amount. The amount is calculated for the YEAR and then it is divided by 12 months thus the monthly amount due. If dad is paid on a weekly basis it all adds up in the end to the total CS amount for the year. That 5th check in the month doesnt make up for anything.