Wage Garnishment
Collecting money for family support.
Child support is a financial obligation that state and federal laws take seriously. In order to pay for support, wages can be reduced before the person who owes child support receives their paycheck. Yet, the amount of money that can be garnished from wages is limited by Title III of the Consumer Credit Protection Act. Wage garnishment is not the same as wage withholding. When wages are garnished, the process is often initiated by the attorney of an opposing party. Wage withholding is initiated by a court with a court order and it results in a continuous, monthly withdrawal of money from someone’s salary.
Overall, the goal is often to make sure that ex-spouses are provided for as they start over and children are supported so they can eat, go to school, and have adequate care.
WHAT IS GARNISHMENT?
Deducting money from someone’s salary to pay for court ordered debts such as child support and spousal support. The wages are garnished for a period of time, for a specific amount. Bank accounts may also be garnished. Up to 25% of the net salary amount may be garnished and the garnishment must be renewed every 90 days once it is initiated.
PROCEDURE FOR GARNISHING WAGES
When someone is not paying all of the support they are obligated to pay, an attorney can draft and issue a Writ of Garnishment to a bank, an employer, or someone who is owed money from the debtor. Along with the Writ there will be a debt calculation, notice of exempt property, instructions to the garnishee, challenge to the garnishment, and garnishee response. If the garnishee, which is the entity that holds the money and receives the Writ, is the employer of the debtor, a wage exemption calculation form will be included.
CONTACT US
If you need to obtain support through wage garnishment, or are interested in learning more, call our office at 503-371-9500 or click the button below.