Legal Question in Credit and Debt Law in New York
Can a collectin agency garnish my wages if I am paying child support and student loans?
1 Answer from Attorneys
yes they can. BUT there is a limit as to how much can be withheld. If less than 25% of your gross salary is being taken for child support the collection agency can garnish up to 10% more IF both the child support and garnishment does not exceed a total of 25%. For example, if your salary is $100 week and you are paying $20 a week child support, they can garnish $5 a week since $20 and $5 is 25% of your total $100 salary. If you were NOT having funds removed for child support and were making $100 gross per week, they could get $10 (10%) per week. If you are paying $25 a week on $100 gross salary, they cannot garnish your salary UNTIL your earnings increase or the child support is reduced.