How much can probation garnish your wages for child support and alimony?

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How much can probation garnish your wages for child support and alimony?

My father’s income was cut substantially and therefore the amount of alimony originally awarded cannot be paid. A motion was filed and the judge made a judgement that the original amount of alimony due each week stands. The simple problem is that the net income of the ‘payer’ is almost $100 less than the amount that the judge wants paid. It’s literally mathematically impossible. The pay cut was $40k. The payer has now been placed on probation, however, probation has said that not more than 65% of wages can be garnished per week. Is this true?

Asked on August 13, 2012 under Family Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the garnishment statutes of most states in this country with respect to a civil levy or an order of restitution, the maximum amount that can be ganrished from the judgment debtor's pay check every pay period is typically 25% of the normal net amount paid by the employer.


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