What Happens if a Creditor Garnishes Your Wages in California? - Pt 2

[The Continuance]

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!

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