How many people can take money out of your paychecks at one time?

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How many people can take money out of your paychecks at one time?

I have a lot of money getting taken out of my paychecks for child support and I am also getting a lot of money taken out for a law suit that was no my fault. Is it legal for two companies to be taking that much money out at one time? After everything I dont even have enough money to pay my regular bills.

Asked on June 26, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

I am a little confused by the wording "law suit that was not my fault."  A court must have found that you were at fault in order to be authorizing a wage garnishment--even if you werent really at fault.

There is no limit to the total number of people that can take wage garnishments.  There is a limit on the amount of money that can be taken out at one time.  In addition if you have spousal support arrears, a write of execution may be authorized to seize assets, including bank accounts.  California follows Federal law when it comes to limits on the amount that can be garnished from paychecks:

Under Federal law, the lesser of the following may be garnished:

  • The amount by which a debtor’s weekly income is greater than 30 times the minimum wage. The current minimum wage is $7.25 an hour, making the 30 hour weekly total $217.50. This leaves the debtor with something to live on, though it clearly can be less than is needed to meet minimum obligations.
  • 25% of disposable income. Disposable income is defined as the income that is left after all legally required deductions are taken from a person’s paycheck. This include Federal and State Taxes, FICA, State Unemployment and Disability Taxes , with “disposable income” defined as income left after legally required deductions from a person’s paycheck, such as FICA. Other obligations, such as voluntary contributions to retirement accounts, deductions for medical, dental or vision insurance, or contribution to a Medical Savings Account are not exempt and will be considered part of the disposable income.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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