If my paycheck is being garnished for child support, can a creditor garnish my check at the same time?

Asked on January 10, 2013 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, yes: the law does not prevent multiple "creditors" (including ex-spouses and children who are the beneficiaries of support orders or agreements) from garninshing wages at the same time. There is a limit on how much can be garnished, but since up to at least 50% (or even 60% in some circumstances) of "disposable" income (income after taking out legally madatory withholding or deductions, like FICA withholding) can be garnished for child support, it is very likely that the creditor and your child support can both garnish you.


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