Ok here is the deal. I have a garnishment as of current. I received my xmas bonus from work without any of my garnishment taken out. Well now I am being told they are going to take it out of my next paycheck...
Is this legal? The deal behind this that I will not get a paycheck then for the 2 weeks of work. I do realize I need to pay the money however I also can not afford to go without a paycheck.
2006-12-18 07:15:46 · 6 answers · asked by Tricia P 4 in Politics & Government ➔ Law & Ethics
Here is the deal... the garnishment is from medical bills for my son. My ex is in prison and has not paid child support for 4 years. So those of you who just say deal maybe you should know all of the facts. My son has several health problems that I can't keep up with the medical bills... especially when I was unaware that the insurance had stopped being that my ex was to have our son insured.
2006-12-18 07:54:48 · update #1
Oh Yeah... and the bills are over 4 years old... My ex had his address listed as to send claims. I tried to have the insurance company send me copies... however my ex would not give them permission. Needless to say he has since filed bankruptcy.... leaving me. I am a honest woman that feels if you received services you pay your debt... I do not feel that bankruptcy is the answer pay what you owe... but I need to be able to support my family and be able to purchase their meds threw out the month. Let alone feed them. Can they take 100% of a paycheck?
2006-12-18 08:07:49 · update #2
The Consumer Credit Protection Act (CCPA) limits the amount of any one garnishment to a certain percentage (25-60%, depending on type of debt and amount of arrearage, among other factors) of an employee's disposable income. It sounds like your employer is going over that in order to meet the garnishment request, so that they do not get in trouble for failing to abide by the court order. Contact the US Department of Labor's Wage and Hour Division - they enforce the CCPA and can help you negotiate with your employer and/or the court who issued the garnishment, and perhaps even contact your employer on your behalf. Call 1-800-4US-WAGE, or look on the web at www.dol.gov. Hope this helps. Good luck!
2006-12-18 14:55:43 · answer #1 · answered by Poopy 6 · 0⤊ 0⤋
Well, it's not like you're waiting for the money. You already got it in the check that wasn't garnished. It's like they gave you an advance. You got the money in the bonus check, rather than this next check. I don't see what the problem is.
It would be illegal for them NOT to garnish your wages. If they made a mistake, they have to correct it ASAP.
2006-12-18 07:20:09 · answer #2 · answered by Phoenix, Wise Guru 7 · 0⤊ 1⤋
in case you owe much less that the completed bonus, they shouldn't take all of it. they are in simple terms allowed to absorb to the completed stability due, consisting of any expenditures they are entitled to. an advantage may be considered extra effective earnings, which they might participate of as nicely on your wide-spread garnishment. desire it works out.
2016-10-15 04:39:29 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Ditto. Plus, you should not be living paycheck-to-paycheck. You should have enough savings to last an entire 6 months without a paycheck. I have almost a full year's (net) salary in savings, JUST IN CASE!
2006-12-18 07:18:57 · answer #4 · answered by i hate hippies but love my Jesus 4 · 0⤊ 1⤋
You should have thought of that before you did what you did to earn the garnishment. Deal.
2006-12-18 07:18:08 · answer #5 · answered by Anonymous · 0⤊ 1⤋
IT IS LEGAL. UNFORTUNATELY TELL THEM YOU WANT TO DEFER THE FEDERAL TAXES ON YOUR LAST PAYCHECK. THEY WILL NOT CHARGE YOU THE TAXES ON YOUR CHECK BUT YOU WILL BE RESPONSIBLE TO PAY THAT ON YOUR TAX RETURN.
2006-12-18 07:22:47 · answer #6 · answered by strike_eagle29 6 · 1⤊ 0⤋