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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10213
Experience:  Civil litigation attorney for individuals and businesses.
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I received a garnishment today from a Dentist .00. I know in

Customer Question

I received a garnishment today from a Dentist for 2900.00. I know in the state of Michigan you can only be garnished up to 25% of your wages. my question is I already have alimony deducted for 475.00 biweekly if this is greater than 25% can the Dentist then still garn over and above this?
Submitted: 4 months ago.
Category: Legal
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

The total garnishments from your wages cannot exceed the maximum allowed under MI law (so either the 25% or 30 times the Federal minimum wage, whichever is less).

So if you are already being garnished for 25%, then there cannot be any additional garnishments.

For help responding to the garnishment petition (including forms - located on the right hand column):

Customer: replied 4 months ago.
my alimony payment coming out of check is considered into the 25% I know this exceeds 25% so are you saving the dentist that garnished me will not get anything out of check since my alimony is already over 25%?
Expert:  CalAttorney2 replied 4 months ago.

Is your alimony actually being garnished, or are you simply paying your alimony with an automatic debit?

Customer: replied 4 months ago.
The funds are being taken out of my check biweekly and sent to friend of the court. misdu and I know that they are tax deductible.
Customer: replied 4 months ago.
It states shall pay modifiable spousal support in the amount of 950.00 dollar per month to defendant through misdu office of the macomb county friend of the court to dontinue until dealth of plaintiff or the death of the defendant. / spousal support is modifiable base upon prper showing of change of circumstances. A uniform support order will be entered simultaneously with the judgment under section 215 of the internal revenue ocie and taxable to the defendant under section 71
Expert:  CalAttorney2 replied 4 months ago.

While I do not have all of your dissolution paperwork that supports the alimony deductions, I would speculate that this is a "voluntary" payment to satisfy your alimony obligation, it is not a garnishment that would count towards that 25% value.

However, if you do read through the information I provided to you above, you can use the alimony deductions when approaching the court about setting up a payment plan and/or attempting to limit the amount of money that the creditor can garnish. (Again the court forms located on the right hand side of the Court's webpage can be used for either purpose).