HELP! ACK!
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Posted by Pally
(205.188.209.144) on November 07, 2003 at 14:21:29:
I am getting desperate. I may post this question on a million boards. So please be patient if you have read this before. I need answers.
I have been online. I have read the laws. I have called The District Court. I have called The department of treasury. I have called an attorney. (just one out of the phone book, I am sure I spoke to a paralegal)
I cannot find an ACTUAL answer ANYWHERE. The situation is this.
My husband has a child support order, and in michigan it is taken directly from your paycheck...as a garnishment.His Child Support order is for $173.00. That is about 20% of his disposible weekly income. He also has another Garnishment for a Repo (Asset Acceptance) for a total of 9000K. (it was a 4K car,and it was a default judgment - before I knew him, but thats another story) His employer is taking out 265 a week to pay this garnishment. making his total garnishments something like 50%. I spoke with his employer a few weeks ago...and told her that the maximum was 25% -- she agreed. the A.A. garnishment quit coming out. But, its back. AND she says that she can take 50% of his income towards garnishment.
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Here is the link to the laws. They are the same in michigan. http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/41/subchapters/ii/sections/section_1673.html
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It basically says this... Under the consumer credit protection act, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed 25 percent of his disposable earnings for that week, except as to any order for the support of a person which is established by state law, affords substantial due process, and is subject to judicial review, in which case the maximum may not exceed, when the individual is supporting a spouse or dependant child not subject to the support order, fifty percent of the individual's disposable earnings for that week, and if not supporting a spouse or dependent child not subject to the support order, sixty percent of the individual's disposable earnings for that week.
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I take that to mean that a SUPPORT order can be 50% and is taken out first. But that a regular garnishment can only be 25% and IF a support order takes all or part of the 25% - the other order only gets the remaining garnishible disposible income (in our case around 5%)if there is any. I *believe* the employer takes that to mean that IF there is a support order she can take a TOTAL of 50%. (so if you have a child... you get to live on only half of your income) Here is a link to the michigan garnishment calculation worksheet. http://courts.michigan.gov/scao/courtforms/garnishment/p01.pdf Who is right??? And, short of finding a lawyer and suing his employer, what on earth can I do?????? PLEASE HELP. We were trying to do credit repair - and avoid bankruptcy - but if they really CAN take 50% of his income in garnishments - really, we can't afford to do either. BTW, the only advice the paralegal gave - was a motion for installments - but I DON'T BELIEVE that is needed. I think he is almost garnishment proof. you know??
Am I wrong??
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