Does anyone know the percentage of the non-custodial parent's adjusted gross income the state can take?

Question

If the non-custodial parent has a court order to pay a specific amount each month, but then their income changes, can they still take out the same amount? For example if I was making 1200 a month, but now I am only making 600 a month does my amount of child support change based on my income?? I was told they could not take more than 50% of my gross income. I am making less money now, but seem to be getting the same amount deducted from my paychecks, which leaves me little to survive on. I cannot get a straight answer from the Child Support website and I can never seem to get a hold of the right person who can aswer my question pertaining to my specific case. Can anyone help me?????
Thanks, I appreciate your help.

Answer 1

You typically have to apply for a change in child support. They won't take more than 50% of your check, but you'll be getting yourself into a bigger and bigger hole. If they were taking $600 a month because that's what you owe, they will now only take $300. However, you'll still owe $300 each month, and you'll just get farther and farther behind.
Call your attorney, or your specific case worker. If they're taking money out of your check, you have one. Sounds to me like you're an ideal candidate for a reduction of support. Don't do nothing! You'll wind up in jail, or without a driver's license, and you'll never see a tax refund again.
Edit: I want to address those who believe you only get garnished if you fail to pay what you owe. I live in Ohio, and my ex-husband and I were not given the option. It is automatically taken out of his check, and he was never given the opportunity to uphold his obligation on his own. I even asked the judge if he would allow my ex to pay me directly, rather than through the government, and it was not allowed. Don't assume that because someone has a wage garnishment they have done something wrong, or have not upheld their agreements. My ex gives me extra money when I need it, and would willingly write me a check every two weeks, but does not have that option.

Answer 2

The state will take whatever the courts have ordered. If your income has dropped that much you'll have to go back to court to get the amount reduced. Don't be too surprised if the judge tells you to get a full-time job. Even at minimum wage, you'd earn over $1,000 a month.

Your wages are only garnished for child support if you have failed to honor your obligation to your child(ren) in the first place. You get no sympathy from me for that.

Answer 3

Your wages are being garnished because you haven't paid what you are suposed to. I would contact the lawyer who represented you in the child suport case.
There is a minimun amount of child suport you can pay. In my state it is based on minimun wage (IN). To get your suport redused you will have to go to court. The judge will probably tell you to get a better job.