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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110530
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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(a) Can in NY the attorney try to garnish my pay without a

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(a) Can in NY the attorney try to garnish my pay without a judge ordering the fact that I am actually in arrears?
(b) How can my company determine if they should be garnishing my pay simply based on the Plaintiff’s assertions?
(c) How does it get determined how much to pay each month if indeed they do garnish my pay due to the fact that the law seems to say “up to 65% of disposable income?
(d) When my legal gets back to me should I be filing a “mistake of fact” document showing
Thank you for your question. Look forward to working with you to provide you the information you are seeking.

a) In NY, they can file for garnishment without you being in arrears. They can also order garnishment through child support enforcement without going to court.

b) If your company is served a garnishment notice, they have to comply and it is not up to your company to determine anything. It is up to you if you want to object to the garnishment to go to court and file a motion to quash the garnishment and argue your case.

c) The court is supposed to order the amount of garnishment up to the 65% of your disposable income and the court usually divides your monthly support payments by the number of paychecks you get each month to determine the amount of your garnishment. What they call disposable income is everything left in your pay after taxes and your standard deductions (like insurance benefits).

d) You have the right to object to the garnishment and present proof you make on time payments and there is no need for garnishment of the wages for support and also to argue any arrears they are claiming.

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Customer: replied 3 years ago.

what if they take 65% and your remaining 35% doesn't allow you to even pay your rent. They can legally do this? Thanks

Thank you for your response.

Unfortunately, yes, they can legally take the 65% and leave you unable to pay your bills. However, you have the right to go to court and prove significant financial hardship and have the court lower the percentage they are garnishing.
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Customer: replied 3 years ago.
Can an attorney without a judge’s order garnish maintenance/spousal support and/or maintenance/spousal support arrears in NY? It appears it is not one of the exceptions that you can without a judge’s order?
Thank you for your follow up.

No, the attorney needs an order of garnishment from the court to garnish you for the spousal support and/or arrears.
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