My employer is garnishing my wages for child support. How did this happen?
The law allows employers to garnish up to 50-65% of an employee's disposable income for child support payments. The amount of garnished wages varies, but it's mostly dependent on whether a spouse is supporting another spouse/child. The process for garnishing a parent's wages is as follows:
- An employer receives a letter that expressly requires the company to garnish the wages of one of their employees. The letter will include a copy of the court order establishing child support payments.
- The employer will send a letter to the employee, either with their next paycheck or before, to explain the wage garnishment.
- The employee/parent can contest
the wage garnishment with the court, using a specific ground to contest child support payments such as changes in income, unemployment, etc.
What if my employer accidentally garnished my wages for child support non-payment?
If an employer erred in garnishing the employee's wages, the employee should:
- Gather proof of paid child support payments.
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- Go to court to request an order to stop the garnished wages.
- If the request is granted, take the order to cease garnished wages to the employer. The wage garnishments should cease immediately and money should be refunded to the employee by the employer who will be reimbursed by the state.
Employer Discrimination and Wage Garnishments