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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: What are the limits for garnishment?

Posted by: Dads Divorce

Tagged in: wages , motion , income , garnishment , FL , FAQ , Child Support , Ask A Lawyer

Question:

When my divorce took place my income was $150,000 per year. I lost the company I owned and was without income for a period that was long enough to devastate me. I am now employed again at less than half of the salary I used to make. I personally filed a modification of child support that has not gone to court yet during my unemployment. I am in the process of completing a new financial affidavit. My new employer received an income deduction notice from my ex-wife's attorney. Please note that I have paid what amount of support I can. My question is, can they do this deduction? It's for $1100 per month. I make $57,500 and now live in Washington DC where expenses are quite high. I can't afford to live if this much is deducted each month. The divorce took place in Florida. My boss (who is an atty - different field) told me to get a statement from an attorney or show a statute that will allow him to not deduct it. What can I do? Thanks. I'll pay for the letter and then hire an attorney to finish this case for me. I just need to do something immediately.

Answer:

I am sorry but I cannot write a letter on your behalf. This is a limited forum for answering specific questions. With regard to the issue at hand, federal law limits the garnishment to between 50% and 60% of your net income depending on dependents and age of the arrearage. Many States have separate limits also. For example Missouri limits the arrearage garnishment to one half of the current monthly support order plus the current support order. Therefore if you have a support order of $500.00 per month, the maximum that could be deducted from your check each month in Missouri is $750.00.
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