Garnishment Limitations


#1

Carolinagirl,

There is no longer a percentage limit on how much child support a parent will be obligated to pay. For the most part, the courts use the North Carolina Child Support Guidelines to determine how much child support will be paid. The other woman’s income will not be considered.

Really, it depends on your county, and how quickly they usually work on how long it will take for the garnishment to begin. Hopefully, your county is quick!

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I appreciate your reply to my question, but I think I may have worded my question wrong. The amounts to be paid for child support and family support (alimony) have already been determined in our separation agreement. The judge ruled in Dec. '03 that our agreement is binding and that my ex has to abide by the terms. The problem is that he has not been sending the right amount of money and I am asking the court to garnish his wages. We are going to court later this month for the judge to issue the garnishment order. My concern is how much of his salary can they garnish. Are there limitations to the percentage they can take? I have heard that only 40% can be taken and I have heard that up to 65% can be taken (depending on the circumstances). Do you know if there is a cap on the percentage here in NC or is it whatever the judge requires? Also, since he is $7700 behind, will they add an amount to help make up for the money he is in arrears?

Thanks!
Linda


#3

No, there is no cap. The old NC child support guidelines used to set a cap at 40% of a party’s income. That is no longer true. Now, the amount of child support is set using the new guidelines. As far as spousal support or other family support is concerned, it will be determined by the judge. Child support can also be determined by the judge if the court feels a deviation is appropriate. The court will probably add the arrearages to the current obligation until he has paid it all off.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank - that’s good news. Do you know where I can get a copy of the guidelines that are used in NC for garnishment of wages and the percentages that are allowable? I would like a copy to give my lawyer since they told me they could only garnish 40% of his salary.

Also, what can I expect during the court session where we determine the amount to be garnished? Is there a possibility I will have to testify? It’s not a problem, I’d just like to be ready for the possibility. Also, what written or other documentation will I need to provide to show he is behind on his payments? I have copies of all the checks that were short - will that be sufficient?

Thanks so much - you have been really, really helpful!

Carolinagirl


#5

Check out this website dhhs.state.nc.us/dss/cse/cse_what.htm

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

I am going to court later this month for the judge to iron out the court order for garnishment of my ex’s salary for the child support and family support he is supposed to send me each month and for the $7700 plus he is behind in payments. The judge has already given a judgement saying our agreement is vaild and my ex is to abide by it as it is written. Are there limits to the percentage of his disposable income that can be garnished? I have heard that only 40% can be taken and then I heard 50-65%. What are the regulations for NC? He is living with a woman, but is not married to her and my daughter is the only child he is supporting.

Also - if the paperwork is filed by my lawyer to his employer immediately after the judge sets the amount, approximately how long should it take for his wages to be garnished?

Thanks so much for your help!!

Carolinagirl