How much can be garnished for child support
Child Support Collection: Wage Garnishment & Property Seizure
The most common method of collecting a judgment for overdue child support is wage garnishment.
By Margaret Reiter, Attorney
If you owe unpaid child support, your child's other parent has a number of ways to collect the money from you.
- First, the other parent may go to court and ask a judge to issue a judgment (called a judgment for child support) for the amount of the arrears. Once the parent has a judgment, many collection methods become available, like wage garnishment and property seizure.
- Even without a judgment for past-due child support, other options for collection include automatic wage withholding.
- Finally, both the federal and state governments are also involved in enforcing child support orders—and they can use aggressive tactics to get the money for your kids.
If your child's other parent sues you and gets a judgment against you for unpaid child support, that parent has a whole host of collection methods available—more than without a judgment for child support arrears. And, even if the custodial parent got the judgment in one state and you have since moved to another state, that parent can register the judgment in the second state and enforce it there.
The most common method of collecting a judgment for overdue support is wage garnishment. The custodial parent can also seize your personal property, like your car, motorcycle, or boat.
What Is Wage Garnishment?
A wage garnishment is similar to income withholding. A portion of your wages is removed from your paycheck and delivered to the custodial parent before you ever see it. In many states, the arrears need not be made into a judgment to be collected through wage garnishment.
Procedures for Wage Garnishment
To garnish your wages, the custodial parent obtains authorization from the court in a document usually called a writ of execution. Under this authorization, the custodial parent directs the sheriff to seize a portion of your wages. The sheriff in turn notifies you and your employer.
How Much Can the Court Take?
The amount garnished is a percentage of your paycheck. What you were once ordered to pay is irrelevant. The court simply wants to take money out of each of your paychecks—and leave you with a minimum to live on—until the unpaid support is made up.
Under federal law, if a court orders that your wages be garnished to satisfy any debt except child support or alimony, a maximum of roughly 25% of your net wages can be taken. For unpaid child support, however, up to 50% of your net wages can be garnished, and up to 60% if you're not currently supporting another dependent. If your check is already subject to wage withholding for your future payments or garnishment by a different creditor, the total amount taken from your paycheck can't exceed 50% (or 65% if you're not currently supporting another dependent and are more than 12 weeks in arrears).
How the Garnishment Is Initiated
To put a wage garnishment order into effect, the court, custodial parent, state agency, or county attorney must notify your employer.
Once your employer is told to garnish your wages, your employer tells you of the garnishment.
Requesting a Court Hearing
You can request a court hearing, which will take place shortly after the garnishment has begun. At the hearing, you can make only a few objections:
- The amount the court claims you owe is wrong.
- The amount will leave you with too little to live on.
- The custodial parent actively concealed your child, as opposed to merely frustrating or denying your visitation (not all states allow this objection).
- You had custody of the child at the time the support arrears accrued.
Seizing Your Property to Collect Child Support
If the wage garnishment doesn't cover the amount you owe, or you don't have wages or other income to be garnished, the custodial parent may try to get the unpaid support by going after other items of your property. Examples of the type of property that might be vulnerable include:
- cars
- motorcycles
- boats
- airplanes
- houses
- corporate stock
- horses
- rents payable to you, and
- accounts receivable.
In some cases, even spendthrift trusts and your interest in a partnership may be used for payment.
To learn about other ways the government or your child's other parent can collect child support from you, see our Enforcement of Child Support Obligations area.
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Garnishment for Child Support and Alimony
Topics on this page
- How much of my earnings can be garnished for failure to pay child support or alimony?
- Can my bank account be garnished?
- What other sources of income can be taken if I don't make child support payments?
How much of my earnings can be garnished for failure to pay child support or alimony?
Maryland law follows the Federal Consumer Credit Protection Act. This Act allows more of your earnings to be taken for child support or alimony than for ordinary debts. For ordinary debts, the maximum that could be garnished would be approximately 20 to 25 percent of your earnings.
For child support or alimony, the maximum that can be taken out of your check is either 50 or 60 percent, depending on whether you are in arrears and if you have another spouse or child to support:
- If you do not have another spouse or child to support, up to 60 percent of your after-tax earnings can be garnished, or 65 percent if you are more than 12 weeks behind when the earnings withholding order is issued.
- If you are supporting another spouse or child, the court can order 50 per cent of your earnings garnished, or 55 per cent if you are more than 12 weeks behind.
Read the Law: 15 U.S.C. § 1673 ; Md. Code, Family Law § 10-122
In Maryland, your employer is allowed to deduct an additional $2 for each deduction the employer is required to make under an earnings withholding order or earnings withholding notice.
Read the Law: Md. Code, Family Law § 10-128(a)(2)(iii)
Can my bank account be garnished?
In Maryland, a Writ of Garnishment can be issued for a bank account.
Once the bank is served with the Writ, the bank freezes your bank account. This means that you will not be able to access money in the account (unless the amount in the account exceeds the amount of the garnishment). Learn more about bank garnishment.
Generally, for the bank garnishment, you may entitled to certain exemptions. However, for child support, you are considered to be an "obligor" rather than a "debtor." A "debtor" is someone who simply owes money to another. An "obligor" is someone who must pay money arising out of a separate legal duty. This distinction between a "debtor" and an "obligor" means that the exemptions provided to "debtors" are not available for "obligors."
Read the case: Kelly v. Montgomery County Office of Child Support Enforcement, 227 Md.App 106 (Court of Special Appeals 2016)
Read the law: Md. Code, Family Law § 10-101; § 10-108
What other sources of income can be taken if I don’t make child support payments?
If you fail to make child support or alimony payments, Maryland law allows the person you owe to ask the court for an earnings withholding order, which will take the payments you owe out of your paycheck, some pensions, unemployment benefits, Social Security or worker’s compensation payments.
Read the Law: Md. Code, Family Law §10-101
Source
Updated by PLL Contributors
Last Updated: Tue, 08/23/2022 - 8:16 am
Is this legal advice?
This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland Thurgood Marshall State Law Library, 2022.
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Who is obliged to pay alimony?
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Who is required to pay child support?
1. Parents
In accordance with Article 80 of the Family Code of the Russian Federation, parents are required to support their minor children.
Parents must pay child support
- minor children;
- children left without their care;
- Disabled adult children who need help.
Parents have the right to conclude an agreement on the maintenance of their minor children ( agreement on the payment of alimony ), which must be notarized. The agreement establishes the amount of alimony at the discretion of the parties, but it cannot be less than the amount that can be recovered in court.
In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from parents in court.
In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other parental income.
In accordance with article 83 of the Family Code of the Russian Federation p in the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obliged to pay alimony has irregular, fluctuating earnings and (or) other income, or if this parent receives earnings and (or) other income in whole or in part in kind or in foreign currency, or if he has no earnings and (or) other income, as well as in other cases, if the recovery of alimony in a share of earnings and (or) other income of the parent is impossible, difficult or materially violates the interests of one of the parties, the court has the right to determine the amount of alimony collected on a monthly basis, in a fixed amount of money or simultaneously in shares (in accordance with Article 81 of this Code) and in a fixed amount of money.
The amount of a fixed sum of money based on is determined by the court from the maximum possible preservation of the child's previous level of his security, taking into account the financial and marital status of the parties and other noteworthy circumstances.
Article 84 of the Family Code of the Russian Federation fixes that alimony for children left without parental care are collected only through the court . The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the guardian or custodian of the child, his adoptive parents or transferred to the account of the organization in which the child is (educational, medical organizations, social service organizations, etc.).
In accordance with article 85 of the Family Code of the Russian Federation, alimony in favor of disabled adult children who need assistance can be obtained on the basis of a notarized child support agreement.
In the absence of an agreement, alimony can be collected through the court. In this case, their amount in a fixed amount of money is established by the court based on the financial and marital status of the parties, as well as other circumstances. When recovering alimony for such children, the amount of alimony determined within the established limits to earnings and (or) other income is not applied.
2. Able-bodied adult children
In accordance with Article 87 of the Family Code of the Russian Federation, able-bodied adult children are required to support their disabled parents who need help. An exception is made by parents deprived of parental rights, to whom children are not obliged to pay alimony.
Alimony can be paid either on the basis of a notarized agreement between parents and children, or on the basis of a court decision. The court sets the amount of alimony in a fixed amount of money , payable monthly, taking into account all the circumstances of the case, including taking into account the financial and marital status of parents and children.
3. Spouses, including former spouses
This issue is regulated by chapter 14 of the Family Code of the Russian Federation.
Spouses or ex-spouses may enter into an agreement on the payment of alimony, which must be certified by a notary. In this case, the amount of alimony is determined in the agreement at the discretion of the parties.
If such support is refused and there is no agreement between the spouses on the payment of alimony, the right to demand the provision of alimony in court from the other spouse who has the necessary means for this, have:
- disabled needy spouse;
- wife during pregnancy and within three years from the date of birth of a common child;
- a needy spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I.
In accordance with Article 90 of the Family Code of the Russian Federation, the right to demand the provision of alimony in court from a former spouse who has the necessary funds for this has:
- ex-wife during pregnancy and within three years from the date of birth of a common child;
- a needy ex-spouse caring for a common disabled child until the child reaches the age of eighteen years or for a common child disabled from childhood of group I;
- a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of the dissolution of the marriage;
- a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
In the absence of an agreement between the spouses (former spouses) on the payment of alimony, the amount of alimony collected on the spouse (former spouse) in a judicial proceeding is determined by the court based on the financial and marital status of spouses (former spouses) and other noteworthy interests of the parties in a fixed amount of money payable monthly.
4. Other family members who may be required to pay child support
- able-bodied adult brothers and sisters
In accordance with Article 93 of the Family Code of the Russian Federation, able-bodied adult brothers and sisters may be payers of alimony to the following persons:
- minor brothers and sisters, provided that they do not have the opportunity to receive maintenance from their parents;
- disabled adult brothers and sisters, provided that they are unable to receive maintenance from their able-bodied adult children, spouses (former spouses) or parents.
- grandparents
In accordance with Article 94 of the Family Code of the Russian Federation, the following have the right to receive alimony in court:
- minor grandchildren in need of assistance in case of impossibility to receive maintenance from their parents;
- adult disabled grandchildren in need of assistance, if they cannot receive maintenance from their spouses (former spouses) or from their parents.
- tons able-bodied adult grandchildren
In accordance with Article 95 of the Family Code of the Russian Federation, able-bodied adult grandchildren may be payers of alimony disabled grandparents in need of assistance , provided that the latter are unable to receive maintenance from their adult able-bodied children or spouses.
- t able-bodied adult pupils
In accordance with Article 96 of the Family Code of the Russian Federation, able-bodied adult pupils (except for those who were under guardianship or guardianship, as well as being raised in foster families) may be payers of alimony to disabled persons who carried out the actual upbringing and maintenance of pupils until they reach 18 years of age with provided that they do not have the opportunity to receive maintenance from their adult able-bodied children or from spouses (former spouses).
Who is obliged to pay maintenance and how much? - Lawyer in Samara and Moscow
Alimony must be paid by the following persons: parents; able-bodied adult children; spouses, including former ones; other family members (under certain conditions).
1. Parents
Parents are required to support their minor children (clause 1, article 80 of the RF IC).
At the same time, even if a parent is disabled, limited in parental rights due to health reasons, the law does not provide for any exceptions regarding the fulfillment of this obligation for him (Question 18 of the Information of the Ministry of Justice of Russia dated 07/20/2015).
Parents must pay maintenance:
- for minor children;
- to children left without their care;
- disabled adult children who need help.
Alimony in favor of minor children can be paid on the basis of an agreement certified by a notary. In this case, the amount of alimony is determined at the discretion of the parties, but it cannot be less than the amount that can be recovered by the court.
If an agreement on the payment of alimony for minor children has not been concluded, they can be collected in court. The amount of alimony to be paid monthly will be determined by the court. As a general rule, the amount of alimony is: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents. However, taking into account the financial, marital status of the parties and other circumstances, such as disability, disability, the child's entrepreneurial activity, the court may increase or decrease the size of these shares.
In certain cases, when the collection of alimony as a percentage of earnings is impossible, the court may establish alimony in a fixed amount (Articles 80, 81, 83, 99, 100 of the RF IC).
The amount of alimony is established by the court, taking into account the alimony collected from the debtor on the basis of a court decision (court order) for other minor children (clause 1 of Section III of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015).
Alimony for children left without parental care is collected only through the court. The court determines the amount of alimony in the same manner as the amount of alimony for minor children. They are paid to the guardian or guardian of the child, his adoptive parents, or transferred to the account of the organization in which the child is located (educational institution, medical organization, social service organization, etc.) (Article 84 of the RF IC).
Child support for disabled adult children who need assistance can be obtained on the basis of a notarized child support agreement. In it, the parties at their discretion determine their size. If there is no agreement, then alimony can be collected through the court. In this case, their size in a fixed amount of money is established by the court based on the financial and marital status of the parties, as well as other circumstances. When collecting alimony for such children, the amount of alimony determined within the established limits to earnings and (or) other income is not applied (Article 85 of the RF IC).
Please note!
To resolve a legal dispute, you may need qualified legal assistance from a specialist, the cost of which, depending on the complexity of the case, the amount of the claim and other factors, may be significant. In the case of representing your interests in court, a notarized power of attorney for a representative may be required (Articles 185, 185.1 of the Civil Code of the Russian Federation; Part 2 of Article 53 of the Code of Civil Procedure of the Russian Federation).
2. Able-bodied adult children
They are obliged to support their disabled parents who need help. The exception is parents who are deprived of parental rights. They don't need to pay child support.
In addition, if the parents shied away from their duties, then when the parents apply to the court with a claim for the recovery of alimony, adult children have the right to ask the court to refuse to award alimony.
There is no minimum amount of maintenance for disabled parents.
If maintenance is paid on the basis of an agreement between a parent and a child, certified by a notary, then their amount is set in the agreement. In this case, the parties to the agreement determine the amount of alimony independently.
If an agreement on the payment of alimony has not been concluded, then alimony can be collected from the child through the courts. He will establish the amount of alimony in a fixed amount of money, which will have to be paid monthly, taking into account all the circumstances of the case, including taking into account the financial and marital status of parents and children (Article 87 of the RF IC).
3. Spouses, including former spouses
Spouses or former spouses may enter into an agreement on the payment of alimony, which must be certified by a notary. In this case, the amount of alimony is determined in the agreement at the discretion of the parties.
If such an agreement has not been concluded, then the following persons are entitled to demand from the spouse or former spouse the payment of alimony in court (clause 2 of article 89, clause 1 of article 90 of the RF IC):
- wife or ex-wife during the period pregnancy and within three years from the date of birth of a common child;
- a needy spouse or ex-spouse who takes care of a common disabled child until he reaches 18 years of age or for a common child - a disabled child of group I;
- an incapacitated needy spouse;
- a disabled needy ex-spouse who became disabled before the dissolution of the marriage or within a year from the date of its dissolution;
- a needy ex-spouse who has reached retirement age no later than five years after the dissolution of the marriage, if the spouses have been married for a long time.
To pay child support, a spouse or former spouse must have the means to do so.
There is no minimum amount of alimony paid by a spouse or former spouse.
The court determines their amount in a fixed amount of money based on the financial and marital status of the spouses (former spouses) and other interests of the parties that deserve attention.
It should be noted that spouses are or were persons whose marriage was registered in the registry office (clause 2, article 10 of the RF IC).
4. Other family members who may be obligated to pay alimony, and the conditions for such payment (Articles 93-98 of the RF IC)
4.1. Able-bodied adult brothers and sisters may be payers of alimony to the following persons:
- to minor brothers and sisters, provided that they are unable to receive maintenance from their parents;
- disabled adult brothers and sisters, provided that they are unable to receive maintenance from their able-bodied adult children, spouses (former spouses) or parents.
4.2. Grandparents may be payers of alimony to the following persons:
- minor grandchildren, provided that they are unable to receive maintenance from their parents;
- disabled adult grandchildren, provided that they are unable to receive maintenance from their spouses (former spouses) or from their parents.
The consideration of these requirements is carried out in the order of action proceedings, since the plaintiff must prove that the child does not have the opportunity to receive maintenance from the parents, he needs material assistance, and the specified category of relatives has the necessary means for this (paragraph 4 of Section V of the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on May 13, 2015).
4.3. Able-bodied adult grandchildren may be payers of alimony to the following persons:
disabled grandparents in need of assistance, provided that they are unable to receive maintenance from their adult able-bodied children or from spouses (former spouses).
4.4. Able-bodied adult pupils (except those who were under guardianship or guardianship, as well as being raised in foster families) may be payers of alimony to the following persons:
disabled persons who carried out the actual upbringing and maintenance of pupils until they reach the age of 18, provided that they are not able to receive maintenance from their adult able-bodied children or from spouses (former spouses).
4.5. Able-bodied adult stepsons and stepdaughters may be payers of alimony to the following persons:
disabled stepfather and stepmother, provided that they are unable to receive maintenance from their adult able-bodied children or spouses (former spouses).
These citizens can pay alimony on the basis of an agreement on the payment of alimony, certified by a notary. In this case, the amount of alimony is determined at the discretion of the parties and is prescribed in the agreement.
If there is no such agreement, you must go to court to collect child support.
To pay child support, all of the payers listed above must have the means to do so.
There is no minimum amount of alimony paid by the family members listed above.
The amount of alimony is determined by the court, taking into account the financial and marital status of the alimony payer and recipient, as well as other circumstances. Alimony is set in a fixed amount of money and paid monthly.
Please note!
Alimony received is not subject to personal income tax (clause 5, article 217 of the Tax Code of the Russian Federation).
In addition, if a parent pays child support, he has the right to receive a tax deduction for personal income tax for children (subclause 4, clause 1, article 218 of the Tax Code of the Russian Federation).
Remember, at any stage of a family dispute, the Legal Center for Family Affairs of Attorney Anatoly Antonov is ready to provide you with legal support. Call us by phone in Samara + 7 (846) 212-99-71 right now and sign up for a consultation at a convenient time for you.
