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Joseph
Joseph, Lawyer
Category: California Employment Law
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My question is very specific, legal, and pertains to employers

Resolved Question:

My question is very specific, legal, and pertains to employers and garnishment of child support.

What is the maximum amount an employer can garnish from an employees paycheck for child support? I am looking for an attorney's explanation of the exception, particularly "B" as stated in Section 1673 of Title 15 of the US Code.

50% an employees disposable income is the standard maximum, however, there is an exception that allows for 60% and the wording isn't completely clear.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

This is a particularly difficult code section to understand the way that it is written.

Actually, as the code is written, 60% of disposable income is the standard maximum, as long as the employee is NOT supporting a spouse or child separate from the child(ren) who are the subject of the garnishment order.

That is, if the person does not have any dependents outside of the children who are the subject of the order, 60% of disposable income can be garnished.

If the person is supporting his or her spouse or another child (one not the subject of the child support order) then only 50% of the employee's disposable income can be garnished to satisfy the order. So, if the person does have any dependents (outside of the child(ren) subject to the order), only 50% of disposable income can be garnished.

This is the relevant subsection of the code that I analyzed:

'(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—
(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week.'


Since my goal is to provide you with the best service today, please do not hesitate to ask me for any additional information or to ask any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
No need to be "sorry" since I am the recipient of the child support. As a paralegal, I knew where to find the information and I was pretty sure I understood the wording, however, I needed an attorney to confirm the 60%. Most people, including payroll people, think 50% is the max without exception. Thank you so much!!
Expert:  Joseph replied 3 years ago.
Thanks, Alisa! Again, very happy to help!
Customer: replied 3 years ago.
Thank you! No need to be "sorry" since i am the recipient of child support. As a paralegal, I was able to understand the code, but I needed an attorney to confirm. 60% it is. Thank you!
Expert:  Joseph replied 3 years ago.
Hello Alisa,

Thank you again for your positive rating of my service!

I hope that you're able to start recovering 60% of your deadbeat ex's disposable income ASAP.

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

Thanks again and best of luck!

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