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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I have recently retired and I owe child support. My monthly

Customer Question

I have recently retired and I owe child support. My monthly payment is roughly 1200.00/month and is my sole source of income. I am being garnished by St. Louis County in Minnesota for 499.00/month. Does the 25% maximum allowed for garnishment apply here?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The limitation on garnishment you refer to---25%---is for garnishment based on a court money judgment, and not for a child support or spousal support order that is in place.

Based on the significant change in your financial circumstances, you are in a perfect position to petition the court for a Modification of Child Support based on your new income level, and thereby have your monthly obligation decreased. That is the only way that you will get out from under this terrible drain on your sole income.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,