My brother owes back child support. He is a contractor and the only bread winner. He went to pick up his check and was told that "bill collector" garnished 100% of his check. He gets paid once a month. How is this possible?
2007-12-03 08:52:31 · 7 answers · asked by nojobb03 1 in Politics & Government ➔ Law & Ethics
100% is impossible. Check with Children's services website for the max allowed; andhe has certainly gotten a notice telling him how much he'll get hit.
2007-12-03 08:56:37 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
He needs to go to the pro bono program of the local bar association where he lives. Normally, there is a limit on the amount of wages that can be garnished, recognizing 2 concepts: (1) that the worker still needs money on which to live, and (2) if you take all the money, there is no incentive for the worker to continue to work.
Different states impose different maximums. I'm familiar with a 25% max, some states may have more, some less.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-03 08:58:47 · answer #2 · answered by scottclear 6 · 1⤊ 0⤋
He needs to see a lawyer . They should not garnished 100% only in the case he is delinquent in his child support payments.
He have three options:
1.-paid the delinquent child support payments .
2.-The worst: go to jail
3.-Contact a lawyer to review your case base on your documented income and the judge should will decided if will review your case or not. Minimizing your child support payments base on your new documented Income.
Good luck
2007-12-03 09:07:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
because it was NOT a bill collector !
It's the City or State that garnished his check.
(and it could Not have been 100%)
If he sent his other children the money they needed his check would Not have been garnished !
No one likes a dead-beat dad !
2007-12-03 09:02:44 · answer #4 · answered by Anonymous · 1⤊ 1⤋
That is not possible. There must be a clerical error. No US state that I'm aware of allows for taking more than a 1/3 of pay.
2007-12-03 09:00:38 · answer #5 · answered by no_names_are_leftt 2 · 2⤊ 0⤋
That is illegal. Even the government is limited to 10% of wages. Contact your local Labor Board and seek legal advice from an attorney. It sounds like his employer is commiting fraud.
2007-12-03 09:17:42 · answer #6 · answered by Sr. Mary Holywater 6 · 0⤊ 0⤋
its not possible...did he get a check stubb? i would want to see the paperwork showing the garnishment.....in order to have a garnishment you need to have a judgment not just a nonpaid bill..
2007-12-03 08:57:32 · answer #7 · answered by Slick 5 · 2⤊ 0⤋