In the best of circumstances, a parent who is ordered by the court to pay child support obeys that order and meets that obligation according to the schedule set by the court. Unfortunately, there are many parents who – for a variety of reasons – do not make their payments and an arrearage begins to build up. In these situations, the parent who is not receiving the payments can request the court to garnish the non-paying parent’s wages. In most situations, the court agrees, and a wage garnishment order is issued. In these cases, what are the obligations of the employer and what happens if the employer fails to comply with the order?
Wage Garnishment Process
When a parent petitions the court for wage garnishment of the employee who is not making their child support payments, that garnishment can address both back payments the employee may owe, as well as current and ongoing payments. It can also include any interest the employee owes. The court can order that up to 50 percent of the employee’s wages can be deducted from their checks each pay period. If there are no other obligations of child support the employee has for other children, then the court can order up to 60 percent of the employee’s pay can be deducted. The court can also order an additional five percent of the wages garnished if the employee is more than three months behind in their obligation.
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