What to do if the 25% cap on your wages regarding garnishment is exceeded?

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What to do if the 25% cap on your wages regarding garnishment is exceeded?

I have a set amount garnished out of my check for child support of $78 a week, which is 24% on 40 hours. Now I have a second garnishment from a fitness center membership contract which is 22%.

Asked on April 25, 2012 under Bankruptcy Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, it is most  likely the case that this is legal. For most debts, only 25% of your income can be garnished. However, for child support, up to 50% can be garnished in many circumstances. Therefore, if you are being garnished for 22% for the fitness center debt, that would be legal, since it's less than 25%; and since you could be garnished up to a total of 50% for child support, you could be garnished for 24% for child support, even while being garnished 22% for a different debt, since the total is 22% + 24% or 46%, which is less than the 50% cap.


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