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Can they garnish my wages this much?
Question: I've had a garnishment put on my wages that is simply outrageous. I am left with approximately 100.00 per week to live on. Are there any laws to protect me in this situation.
Answer: Under federal law (see, 15 U.S.C. section 1673), the maximum amount allowed to be garnished on a weekly basis from someone's wages, where the garnishment is for the purpose of support, is as follows:
- 50% of the person's disposable earnings (basically after-tax income), if the person is supporting a spouse or another child; or
- 60% of the person's disposable earnings, if the person is not supporting a spouse or another child (i.e. single, no other kids living with him); or
- 55% of the person's disposable earnings if the person is supporting a spouse or another child, and the garnishment is to enforce a support order where the person is greater than 12 weeks delinquent; or
- 60% of the person's disposable earnings if the person is not supporting a spouse or another child, and the garnishment is to enforce a support order where the person is greater than 12 weeks delinquent.
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