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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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What percentage of a paycheck can be taken for child support

Resolved Question:

I just got the court to issue an income with holding order against my husband for child support. He says that he will drop his hours down so that they cannot take all of the money and that if they put him in jail for it he will lose his job and then he will move out of state and not pay any child support. How does this work? Is there only a certain percentage that the courts can take out? I am very concerned.
Submitted: 9 years ago.
Category: Family Law
Expert:  legaleagle replied 9 years ago.

Title III of the Consumer Credit Protection Act (CCPA) sets limits on the amount of personal earnings that may be garnished on a weekly basis or per pay period. The limits are as follows:

  • 50 Percent of the Employee's Personal Earnings

This limit is in force if the employee is currently married and supporting his or her spouse. The 50 percent limit is also in effect if the employee is currently supporting a child.

  • 60 Percent of the Employee's Personal Earnings

If the employee is not currently supporting a spouse or a child, the limit for garnishment of wages after divorce increases to 60 percent of personal earnings

If the support payments are in arrears for 12 weeks or more, an additional five percent may be deducted from the employee's earnings.

Customer: replied 9 years ago.
Is that before or after taxes and other deductions?
Expert:  legaleagle replied 9 years ago.
It is after taxes and other deductions.
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