Why are my wages being garnished for child support if I do not owe child support arrears?
Wage withholding Orders provide an assurance that as long as the noncustodial parent is working for an employer on whom an income withholding order has been served, child support payments will be paid on time. Federal law requires that all states, receiving federal funds for TANF, pass laws requiring all child support orders have a wage garnishment or income execution provision. Thus, all Child Support Enforcement offices will serve a wage withholding order on the employer of every employed noncustodial parent who has a case open with the Child Support Enforcement office. Once the noncustodial parent’s employer has been served with a wage withholding order, the employer must withhold the amount stated in the order and send it to the state’s child support disbursement unit. However, the employer may not withhold more than 50% of the noncustodial parent’s net income.
Can the amount being garnished from my wages for child support arrears be reduced?
The Child Support Enforcement office usually does not know how much the father is earning or can afford to pay. Thus, it is common that the wage withholding order require the employer to withhold a high and unaffordable amount. If the garnishment on the child support arrears is creating a financial hardship for the father, a deal can be negotiated with the attorney for the Child Support Enforcement office for a more reasonable repayment plan. However, if the father owes a rather large child support arrears balance and has a consistently poor payment history, the Child Support Enforcement attorney may refuse to make a deal, forcing the father to file a motion with the Court for a lower child support arrears payment plan.
The information contained on this website is general, factual, published information obtained from court provided legal publications, legal statutes, or other sources believed to be accurate. The material does not constitute legal advice or opinions and should not be relied upon as such.