Legal Question in Criminal Law in California

Garnish Wages

My son's mother receives about 22% of my wages for child support. She also filed a civil lawsuit against me. If she wins, can more of my wages get garnished in addition to the 22% of child support? Is there a maximum percentage that California allows wages to be garnished, if so, what is it? Is child support more important for wage garnishment than a civil judgement?

The lawsuit is in CA. My son's mother is in CA but I live in TX.

Thank you


Asked on 4/22/09, 11:47 pm

1 Answer from Attorneys

Solomon Chang Law Office of Solomon Chang

Re: Garnish Wages

Good Afternoon:

I would recommend you speak to an attorney who specializes in family and/or labor law. Garnishments can be somewhat complicated, especially when you are dealing with creditors/debtors from different states.

From my limited knowledge of California family law, my understanding is that, in general, wages may only be garnished by up to 25%. Although, there may be exceptions for certain types of debt, like child support.

Also, as a former Texas resident, I believe Texas has laws that prohibit garnishment of wages. However, as I do not practice in Texas nor do I practice family/labor law, I would double check with a qualified attorney there.

The bottom line is you need an attorney to help you through this process. No matter what the legal limits of how much your wages can be garnished, a Court always has discretion to increase or decrease that amount based on the situation.

I wish you the best of luck with your case. If you ever have any criminal law concerns, please feel free to contact me at http://www.SolomonChang.com.

Solomon Chang

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Answered on 4/24/09, 2:22 pm


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