What legal action can I take regarding 2 garnishments that are being taking out of my check every paycheck?

I was diagnosed with breast cancer 5 months ago. I have 2 kids who I have always taken car of on my own. My daughter has a medical condition that I am falling behind on paying. We live with my parents where I was helping my dad with bills. have no problem paying; the issue is the percentage that is being taken out. Also, are there any payment options with a student loan? With my deductions from work and the student loan, I have no money after medical bills are paid. I don’t borrow money because I don’t have anyway of paying back. I ask for gas money hoping to get me through my next payday. I’m not worried about my social life just bills being paid.

Asked on August 17, 2012 under Bankruptcy Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, typically the maximum amount of money that can be garnished from one's net pay check is 25 % of the amount each pay period total. If more than that amount is being garnished, I suggest that you consult with a consumer law attorney about filing a motion to modify the garnishment on your pay checks. If you cannot afford an attorney, I suggest that you consult with the nearest legal aid clinic in your community for assistance.

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.