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Garnishment and Paying Child Support


hulagirl
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A friend of mine's husband had a judgment placed against him for a debt and his work has now received an order for garnishment.  They live in Michigan.  I have been searching online and have been unable to find the answer to this question.  He currently has child support taken out of his check.  I know in Michigan they can take up to 50% of disposable income for this (60% if you don't have family to support).  What we haven't been able to find is if and/or how the child support factors into this debt garnishment order received by his work.  In Michigan, regular debt garnishments are only allowed to take up to 25% of disposable income.  Is this on top of the child support amount being deducted already?  It would seem like no as that would potentially only leave 25% of his pay to live on but I haven't been able to find anything that states what happens in this case.

 

I figured they would have to wait until he was done paying child support to act upon this garnishment but maybe I'm wrong.  He was notified about the garnishment order being received by payroll Thursday afternoon so this has put a real damper on their holiday weekend not knowing if his pay is about to be reduced or not.  If they take more of his check for this garnishment I know he can file paperwork with the court showing that it wouldn't leave them enough to live on but really it would be crazy to me if they were able to garnish his check more because I don't know anyone who could live on 25% of their disposable income.

 

If anyone is familiar with this situation and could offer some knowledge it would be greatly appreciated.  I honestly figured it would be easy to find something about this online but not so much.  Worse case scenario, they will have to wait until Monday and see what his work has to say about it.

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In Michigan if you have more than one garnishment they can only take 25% of your disposable income total.  So if child support is 15% of the disposable income then the creditor garnishment will only get 10%.

 

Your friend will be living without 25% of his disposable income for quite some time with these two garnishments.  The other issue is the employer can terminate for having more than one garnishment.  

 

This percentage limit does not prevent them from getting a bank levy for his bank accounts.  He needs to get his name off of every account before they seize those and leave him with nothing.

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So if he already has more than 25% being deducted out of his check for child support they won't be able to do anything with this garnishment right now, correct?  That's what I couldn't find online if child support counted toward the 25% maximum garnishment for regular debts.

 

That ship has already sailed on the bank account issue.  They apparently did not heed my advice about getting his name off the bank account and had it frozen a few weeks ago after his check was direct deposited (thankfully they had already withdrew a chunk of it out before it happened).  Some people have to learn the hard way and boy did they ever.  He switched to getting a physical check (which took a lot of prodding as his work originally said they only do direct deposits which is the main reason they did not take his name off the bank account to begin with but his work finally conceded when he informed them he would no longer have a bank account for it to be direct deposited into).  I seriously doubt they would let him go because of the garnishment issue as he has a highly specialized job that they would be hard pressed to find a replacement.  It is a small field and he gets job offers from competitors in other states frequently because everyone seems to know about everyone in this field.  He has choices and his workplace knows it.  At least he has that going for him.

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