How many people can take money out of your paycheck at a time?

Get Legal Help Today

 Secured with SHA-256 Encryption

How many people can take money out of your paycheck at a time?

My dad pays a lot of money into child support every month from his paychecks. His last landlord sued him for damage to the house he was living in that was no fault of my dad. He ended up owing the guy anywhere between $7,000-$13,000. The landlord now gets a bunch of money from my dad that is also taken out of his paychecks everymonth. He now can’t even afford to pay his own bills. I just wanted to know if it was legal for that much money to be taken out of his paychecks at one time?

Asked on June 26, 2012 under Bankruptcy Law, California

Answers:

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

Answered 9 years ago | Contributor

California follows the Federal rules on wage garnishment.  Child support arrears can have other implications, such as the loss of a drivers license and a writ of execution (where they literally take away assets).  Here are the limits on garnishment (which you can read more about here: http://www.dol.gov/whd/regs/compliance/whdfs30.pdf).  The lesser of the following two amounts is the sum you are allowed to take out of someone's check:

 

(1)The amount by which a debtor’s weekly income is greater than 30 times the minimum wage. The current federal 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.

(2) 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption