Can a garnishment be reduced?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a garnishment be reduced?

I currently have outstanding student loans and have just found out that my paycheck is going to be garnished for $500 a month. I am in middle of a divorce and pay $1500 in child support a month. Can I ask that the garnishment be reduced due to my other obligations?

Asked on December 6, 2010 under Bankruptcy Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no wage garnishment statute in SC.  This means that as a genreral rule wages cannot be garnished. (i.e. most private creditors have no ability to do so).  However, government creditors (like the IRS, for taxes, or student loans that are government guaranteed) have the ability to garnish wages.  Additionally, your wages can also be garnished in SC (and anywhere else) for child support.

Typically, whether or not such wage garnishments can be modified is a matter of state law.  Most states follow federal law which allows a maximum of 25% of wages to be garnished (in some states that amount is lower); there are exceptions however regarding the maximum garnishment by a government creditor and for child support.  That having been said, all garnishment action is subject to appeal and modification if it constitutes an undue hardship upon the garnishee or the garnishee's dependents. In a case of a non-private creditor (your situation), the court will determine the amount of the garnishment.

Right now, you should consult directly with a SC attorney as to all of this.  Since money is an issue, try Legal Aid or a law school free clinic, if there is one located near you. 


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