Tuesday, 16 September 2014

If I owe back pay on child support and I have a very low paying job, can the child support agency take my whole pay check each week?

Question

If I owe back pay on child support and I have a very low paying job, can the child support agency take my whole pay check each week?



Answer

There are certain limits set by law for a garnishment or child support income deduction. You haven't posted enough information to fully answer you but in general it won't be more than half. Note however that you can face many other sanctions - jail, loss of driver's license, etc.



Answer

Under federal law you cannot be garnished for more than 1/2 your income. If your income is less than it was under the original order through no fault of you, it may be necessary to file for a reduction. This does not amend the amount of your arrears. There are several factors to consider before filing a modification. You need to speak with an attorney and not try this on your own.



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