Here is an excerpt from NY garnishment law. I am lost, can anyone put this into English. (iii) if the earnings of the judgment debtor are also subject to deductions for alimony, support or maintenance for family members or former spouses pursuant to section five thousand two hundred forty-one or section five thousand two hundred forty-two of this article, the amount withheld from the judgment debtor`s earnings pursuant to this section shall not exceed the amount by which twenty-five percent of the disposable earnings of the judgment debtor for that week exceeds the amount deducted from the judgment debtor`s earnings in accordance with section five thousand two hundred forty-one or section five thousand two hundred forty-two of this article.
ok basically it is saying this (ps: i am not a lawyer, but have studied the ny civil procedures law and rules) in ny state the maximum amount that can usually be garnished is 10% of disposable income. if, however, there is a court ordered deduction for alimony/child support etc. against the debtor as well, the total amount that can be garnished is increased to 25% of disposable income
That's what I thought too. Just wanted to see if someone else could read it that way too. Too bad they couldn't write it like that. It would make things a lot easier.
Does this mean that the support garnishment can be 25% or that all can be no more that 25%? My situation is this, I have a child support order for about 19% of disposable income. I want to use this as leverage w/ a CA since it will be in effect for the next 15 years. Also, is it true that only one garnishment can take place at a time? Ex, anyone else wouldn't get paid until after the child support order is done in 15 years regardless of the %.
Does this mean that the support garnishment can be 25% or that all can be no more that 25%? My situation is this, I have a child support order for about 19% of disposable income, that is garnished from my pay. NJ make is mandatory. I want to use this as leverage w/ a CA since it will be in effect for the next 15 years. Also, is it true that only one garnishment can take place at a time? Ex, anyone else wouldn't get paid until after the child support order is done in 15 years regardless of the %.
NJ law might vary from NY (OP's state). You will have to check those statutes, or hope a NJ neighbor on here knows.
