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Child Support Wage Garnishment Michigan

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  • Child Support Wage Garnishment Michigan

    This question is for a friend..
    I have a friend that owes about $7000 in back child support and he just got married and the new wife is telling him when he goes to court this month that he needs to tell the judge that they need to cut his garnishment down to 25% of his pay check, from what I know they can take as much as 63%. The wife is telling him that the FOC can't take so much that he won't be able to support the new family ( himself, wife and step-child) I was just wondering if since he's married now what % can they take.
    If anyone can help this would be great.

  • #2
    According to the Consumer Credit Protection Act (as modified 6/1/1977), the maximum part of your friend's disposable earnings that may be garnished dropped from 65% to 55% now that he is supporting a new spouse and dependent child. Remember that "disposable earnings" is defined as that part of the total earnings remaining after the deduction from those earnings of any amounts required by law to be withheld (that is, taxes, but not voluntary retirement funds or insurance).

    The new wife is likely getting the 25% number from the maximum allowable garnishment for other types of debt (medical debts, student loans, etc). Support orders, bankruptcies, and state/federal tax debt are not restricted by the 25% ceiling applied to most other garnishments.

    Hope this helps!


    • #3
      Re: Child Support Wage Garnishment Michigan

      Thank you so much for the information I will be sure to pass it on to them. Thanks again