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Category: Legal
Satisfied Customers: 57336
Experience:  Licensed attorney helping individuals and businesses
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I have just found out that our income for 2010 was above the

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I have just found out that our income for 2010 was above the threshold that the Veterans allow for health insurance. My husband was diagnosed with brain cancer in March of 2011 and we were told he qualified for level 5 benefits; but it appears that he actually was in level 8. We we only made aware of this this week, so any attempt to get other insurance or make other arrangements for 2011 was too late. Now it appears the we could be responsible for all his medical bills at the VA which could be in the hundreds of thousands of dollars-case not settled. We are both on social security benefits and that is our only source of income. I know that social security an't be garnish for debt by creditor like credit card, mortgage companies; but, being a gov't agency could our checks be garnished and if so by ow much? I mean would they be allowed to take it all leaving us nothing to live on?    

Hello and thank you for the question. I am sorry to read of this dilemma. The same exemptions would apply. Assets that are exempt could not be touched and that includes social security, disability, 401k, IRA and pension funds. To the extent of non exempt income from wages, Indiana courts may garnish wages through your employer or bank account. The court often orders your employer to take up to 25 percent of your disposable earnings or 30 times the federal minimum wage rate-whichever is greater. Is that clear and acceptable?

Customer: replied 5 years ago.

Well, my question is could the gov't take more than that. our total S.S. income is $1540.00 His $780 / Mine $761, Are you allow a living allowance/ So what exactly is disposable earning or what would 30 times the minimin wage rate b?

The government would not be able to take more than that. Let’s assume you earn $300 per week and your net wages (disposable earnings) are $250 after all required deductions. 30 times the current federal hourly minimum wage ($7.25) is $217.50. This means that your wages can be garnished up to $62.50 (25% of $250) or $32.50 ($250 minus $217.50) per week, whichever is less. As a result, your wages may only be garnished up to $32.50 per week because you don’t make enough money for creditors to be able to garnish 25% of your disposable earnings. The government does not get extra collection efforts above a regular creditor. I wish you a nice labor day weekend. Kindly click on a rating of the answer OK or higher.
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