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: 12957
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

Customer Question

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?
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.

 

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., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 8 other Family Law Specialists are ready to help you
Expert:  Phillips Esq. replied 5 years ago.

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., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 5 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?
Expert:  Phillips Esq. replied 5 years ago.

 

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., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 5 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?
Expert:  Phillips Esq. replied 5 years ago.

 

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.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney