Quick Garnishment Question

[CaroleAntsy]

After hearing from the judgement creditor that I can not re-establish the payment plan that I defaulted on and the garnishment would go through I'm wondering who determines the amount that is taken.

I know they can't take more that 25% of my pay after taxes but might they take less for longer? Who decides this? The CA says my payroll department decides how much to take.

~C

[Freddy03]

In my garnishment it was 25% after taxes.

[mountanddo]

I'm pretty sure they will take the maximum amount until the debt is paid off. They are out to get paid and if the law allows them to take 25% that is what they will do. At this point you really have no negotiating power as there is no reason for them to do it.

[DesdemonaB]

A very basis look at the Federal Garnishment – I do have Excel worksheet that you can put your exact information in so you can get an idea of what will be withheld.

Kansas follows Federal Garnishment Laws: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently in Kansas $7.25 an hour).

A weekly pay period example:
If the pay period is weekly and disposable earnings are $217.50 ($7.25 X 30) or less, there can be no garnishment.

If disposable earnings are more than $217.50 but less than $290.00 ($7.25 X 40), the amount above $217.50 can be garnished.

A maximum of 25% of disposable earnings can be garnished if disposable income earnings are $290.00 or more.

Disposable earnings are total earnings after all deductions required by law; Federal, State, City, SS and Medicaid Tax have been taken. Of course, child support, tax garnishments and C13 payments will affect the total amount withheld.

Hope this makes sense.

[jacko]

To lessen the blow, you can reset your W2 deduction to 0 for max federal withholding as well as the state one. Plus you can do additional dollar amount withholding as well.

A very basis look at the Federal Garnishment – I do have Excel worksheet that you can put your exact information in so you can get an idea of what will be withheld.

Kansas follows Federal Garnishment Laws: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently in Kansas $7.25 an hour).

A weekly pay period example:
If the pay period is weekly and disposable earnings are $217.50 ($7.25 X 30) or less, there can be no garnishment.

If disposable earnings are more than $217.50 but less than $290.00 ($7.25 X 40), the amount above $217.50 can be garnished.

A maximum of 25% of disposable earnings can be garnished if disposable income earnings are $290.00 or more.

Disposable earnings are total earnings after all deductions required by law; Federal, State, City, SS and Medicaid Tax have been taken. Of course, child support, tax garnishments and C13 payments will affect the total amount withheld.

Hope this makes sense.

[charmer50]

I live in Maryland and 25% was taken out of each pay period.