Is there a maximum percentage that can be taken out of a payroll check for child support when in arrears?
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Is there a maximum percentage that can be taken out of a payroll check for child support when in arrears?
Asked on January 23, 2013 under Family Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Up to 60% of a person's disposable income (which is income after deductions mandated by law, such as FICA withholding) can be taken out for back child support. However, there is also a floor: wages effecively may not be garnished if the employee earns at minimum wage, and to take out the full 60%, an employee would effectively need to be earning at roughly 2 1/2 x minimum wage.
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