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:
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.
Not quite. The breakdown is as follows:
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.
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:
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