Search Site
Menu
534 Delaware Ave, Suite 433 | Buffalo, New York 14202
Call for a consultation. Video consultations also available. 716-886-9600
Garnishment in Child Support Actions

 

Garnishment in Child Support Actions

 

When the assets of the absent parent are unknown and outside the jurisdiction of the court, a garnishment of the parent’s wages to collect past due child support obligations may be appropriate.

 

Collection of Arrearages

 

A garnishment is a statutory procedure that permits a creditor to obtain money or assets due to a debtor by a third party, often the employer of the debtor. When state law permits, a garnishment of an absent parent’s wages is one method of collecting past due child support payments. Before garnishment may be used to collect the arrearage owed by an absent parent, the amount of past due child support must be fixed by a court. Garnishments usually require a new writ for each time money is collected, and the amount collected depends on the amount in the hands of the third party at the time that party is served.

 

Limitation on Garnishments

 

Garnishments are subject to state and federal wage withholding laws. Federal law limits garnishment for delinquent child support to 60 percent of disposable earnings, where the absent parent is not obligated to support a second family and to 50 percent of disposable earnings where the absent parent has a second family to support. “Disposable earnings” are those earnings available to the parent after necessary withholding. Under federal law, ”garnishment” is defined as any court procedure through which the earnings of any individual are withheld for the payment of any debt. The federal statute preempts less restrictive state laws. As a result, the federal requirement will apply even in a state that does not incorporate these limitations into its wage withholding statute.

The federal limitation on garnishments applies to both public and private employees. The federal government has waived its claim of sovereign immunity in garnishment proceedings against federal employees, including both garnishment of wages and garnishment of federal pension benefits. However, the fact that the federal government has waived sovereign immunity does not create a statutory right of relief. The state court has discretion whether or not to grant the writ of garnishment.

 

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

Reviews & Ratings
  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

    Read more

    Client

  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

    Read more

    Client

See all reviews
AWARDS
BUFFALO / WESTERN NY
  • Niagara
  • Tonawanda
  • Amherst
  • Cheektowaga
  • Hamburg
  • Lancaster
  • Orchard Park
  • West Seneca
  • Akron
  • Batavia
  • Clarence
  • Kenmore
  • Lockport
Contact us

Quick Contact Form