Legal Question in Family Law in New Jersey

Overtime Pay and Garnishment of Wages

My pay is being garnished at 65% for child support. If I occasionally work overtime, how will that affect the garnishment? Will they take 65% of my pay, including 65% of the overtime pay, or is the garnishment on a set amount of my regular pay? I have just started working again and I have an opportunity for overtime pay if I work on a holiday.

Thank you for your help.


Asked on 5/16/06, 1:21 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Overtime Pay and Garnishment of Wages

I would need more information on your case. The child support guidelines provide for specific numbers to be garnished, not %'s. I've never heard of a situation like this, maybe another attorney can correct me, but I don't see how this would work out.

Normally, the number is set, so if you stop working or if you work twice as many hours, the figure you pay per week doesn't change automatically. It will be up to the other party to file a motion to get a larger amount.

I suggest you contact an attorney to at least look over your paperwork to make sure it was done right. In my experience, a lot of people that go without an attorney to have their child support calculated have it done wrong, often in multiple ways.

Feel free to call me at 732/247/3340 to discuss this matter. There is no charge for initial consultations.

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Answered on 5/16/06, 1:47 pm
Gary Moore Gary Moore Attorney At Law

Re: Overtime Pay and Garnishment of Wages

Child support is whatever is in the support order which is usually a specific number. Overtime should not automatically cause the amount of child support to increase proportionately.

I am surprised that child support takes so much of your income. Perhaps you might like to call me to discuss your situation.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 5/16/06, 1:59 pm
Robert Davies The Davies Law Firm, P.A.

Re: Overtime Pay and Garnishment of Wages

The amount which will be garnished is set out in the Court's Order deciding child support. I would need to see that order, and also get information from the Probation Office in the County for the Court which garnished you. I may also need additional information.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/17/06, 10:14 am


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