Child support garnishment
Child support can take up to 65% of your take-home pay and the old amount keeps coming out until the order changes.
Child support garnishment sits above every other debt. Congress put support for children first, so the 25% card limit and most state limits do not apply, per the Department of Labor. Social Security can also be withheld for child support, the Social Security Administration says.
The 50, 55, 60 and 65% child support garnishment rules
Two questions set your number: do you support another spouse or child and are you more than 12 weeks behind? The federal statute gives the four caps.
| Your situation | Not 12 weeks behind | More than 12 weeks behind |
|---|---|---|
| You support another spouse or child | 50% | 55% |
| You support no one else | 60% | 65% |
These are ceilings. Your support order usually sets a lower dollar amount and that is what payroll takes. On $1,200 a week with a second family and three months behind, the cap is 55% or up to $660 a week.
What does my notice mean?
What your notice says
The date printed on your paper is the one to beat. Call with it in front of you and a specialist goes through it with you.
Call 833-991-9547Changing the order
A job loss or pay cut is a reason to ask for a new amount. File with the court that issued the order and bring pay stubs. Until a new order is signed, payroll keeps taking the old amount.
Back support
Unpaid support adds the extra 5% once it is more than 12 weeks overdue. Paying down the arrears brings the cap back down. Back support can also reach Social Security, which most other debts cannot touch.
Which state do you work in?
How do you file your taxes?
Do you also support another spouse or child?
How often are you paid?
How much do you take home?
If payroll takes more than this, call and we check the order against your pay stub.
Call 833-991-9547Common garnishment questions
What is the maximum amount of child support that can be garnished?
65% of take-home pay, for someone who supports no other family and is more than 12 weeks behind. The other caps are 50%, 55% and 60%.
Can child support garnish my entire paycheck?
No. Federal law stops at 65% of disposable pay, so at least 35% stays with you.
How far behind in child support before garnishment?
Most child support is taken by payroll withholding from the start, before you fall behind. The extra 5% kicks in once payments are more than 12 weeks late.
How to stop child support garnishment
You cannot stop current support by objecting, but you can ask for the order to be changed if your income dropped. Paying off back support lowers the amount taken.
Ask for the amount to change
A job loss or a pay cut is a reason to ask for a change to your order. Call now and we go through how to ask for the review.
Call 833-991-9547