Except for Child Support and Student Loans
However, just as taxes, child support, and student loans can gain permission
to garnish wages without the usual lawsuit, they also have special rules
for how much can be taken. Student loans, for instance, can only take
15% of your disposable income, and 30 times minimum wage.
Child support is even worse because you are considered fully responsible
for your offspring. Therefore, you can be asked to pay as much as 60%
of your income to child and family support and an additional 5% (yes,
that's 65% total so far) can be taken if you're more than 12 weeks
behind on child support payments.
Your Dependents Matter
It should be noted that the court's maximum garnishment is calculated
on a single adult living alone. They will take into account the financial
needs of any dependents you are supporting. For instance, a dependent
that does not benefit from paid child support will lower your maximum
percentage to 50% of your after-taxes income.
Employment Prejudice Policy
Finally, as if the rest wasn't bad enough, there's also your job
to worry about. Employers' are legally not allowed to fire or discriminate
against employees with one garnishment debt active, but two or more and
they have just as much legal standing to demote, fire, or refuse to hire you.
If you think that a real risk or threat of wage garnishment is in your
future, the time to act is now. Prepare your defense and your plan to
either dispute or voluntarily pay back the debt with an experienced debt
lawyer to help you navigate the legal twists and turns of a garnishment
lawsuit, back taxes, or child support demands. For more information about
California wage garnishment or to find an experienced employee rights
lawyer near you,
contact us today!