I have a question that I can't seem to find an answer for. I live in Jersey but work in New York. New Jersey pretty much makes you do wage garnishment for child support. Fine, at least I don't have to worry about it and I am always current. My question is since my check is already garnished for child support (850.00) can another garnishment be placed? Also which laws apply NY or NJ? Thanks in advance.
I'm not too sure about state residency but I know that if you live in NYS, you can only have one garnishment active at a time. Since you live in NJ, I don't know if the same applies to you.
The laws of the state where your employer is apply. And YES, the child support garnishment counts towards the garnishment limit placed on pay by the Consumer Credit Protection Act.
I did find this about Federal Law. It from the site http://www.dol.gov/asp/programs/guide/garnish.htm Relation to State, Local and Other Federal Laws If a state wage garnishment law differs from Title III, the employer must observe the law resulting in the smaller garnishment, or prohibiting the discharge of an employee because his or her earnings have been subject to garnishment for more than one debt. So it seems that it's up to the employer , which is based in NY. At least that's the way it seems to me. (Not a lawyer, obviously).
I'm not a lawyer, but in general the following applies: in NY or NJ only 10% of you salary can be garnished at a time. If you have more than 1 order for garnishment they can all be enforced at the same time as long as the total amount withheld does not exceed 10% (usually this is not the case since the amounts involved usually mean that the full 10% goes towardr the first garnishment) I think NJ and other states make exceptions when child support is involved, then the total amount that can be garnished is 25%
How can 2 states garnish you for the same Child Support account at the same time???????? ??????????????????? ~~~~~~~~~~~~~~~
There is only one garnishment. It is from NJ for child support. I do work in NY though so they contacted my Payroll HQ in L.A. and they take it out automatically and send it to my ex.
