How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18580
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

HI! My boyfriend has recently been asked by the Dept of CA

This answer was rated:

HI! My boyfriend has recently been asked by the Dept of CA Child Support to report his income. His ex is wanting to take him back to court for a Child Support modification. The problem is, his Net income is under 2,000 a month. Gross income 1400-1600/mo. Also got another letter in the mail from his employer saying that they will begin garnishing wages 270 a bi-weekly period. Rent alone is $800. Can they really take out this amount? or more?

 

They are allowed to take 25% of his disposable income for the pay period. Thus, if the amount deducted equals 25% of less, then they can do that. I suspect it is the 25% because the employer by law can only allow 25% of the disposable/net income to be garnished pursuant to 15 U.S.C. Section 1673:

 

http://www.bcsalliance.com/ccpa_15usc1673.html

 

Phillips Esq. and 4 other Family Law Specialists are ready to help you

I just saw your additional information after I posted. I need to amend my previous answer.

 

The Wage Garnishment Law of the State of Hawaii controls. In Hawaii, wage garnishment can be accomplished pursuant to the state law or the federal law, 15 U.S.C. Section 1673, whichever is going to get more money for the beneficiary of the wage garnishment. Hawaii State law provides that wages be garnished as follows: 95% of first $100, 90% of second $100, 80% of net wages in excess of $200 per month.

 

http://www.bcsalliance.com/debt1_hawaii.html

Phillips Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
So does thsi mean that the State of CA can take $95 of his 3rd $100 earnings, $90 of his 4th $100 earnings, & 80% of everything else?

 

Not quite. The breakdown is as follows:

 

  • (a) $95.00 of the first $100.00;
  • (b) $90.00 of the second $100.00; then
  • (c) 80% of the net earnings over $200.00. Remember that these are net earnings and not gross earnings/income.

 

 

Phillips Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
ok, so how can we fight this. She makes approx. $5,000/mo. Just bought a new house, takes vacations every year to a different country. I can't help but feel like we are really at a disadvantage, and are paying more than we are supposed to. Does her income matter?

 

You have to file your objections with the Court that issued the Wage Garnishment Order. Remember that Hawaii is a little unique because wage garnishment can be accomplished using either the state wage garnishment law or the federal wage garnishment law. Your friend can argue that because the order was issued in California and the child lives in California that the federal wage garnishment law should be used instead of the state wage garnishment law.

 

To clarify:

 

The portion of your friend's after tax wages (net income/disposal earnings) that must be withheld is 5% of the first $100 per month ($5.00), 10% of the next $100.00 ($10.00) per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week.

 

 

Looking at it a different way:

 

  • $95.00 of the first $100.00 is exempt from wage garnishment;
  • $90.00 of the second $100.00 is exempt from wage garnishment;
  • 80% of the net income after $200.00 is exempt from wage garnishment. 20% of the net income in excess of $200.00 is subject to garnishment.