How to Use Income Withholding and Garnishment State Withholding Forms

Individuals who have delinquent balances may have their income or other monies owed to them, garnished through bank account garnishment, wage garnishment, IRS tax return refund withholding, and other penalties.

Income Withholding Example Answer Writ Of Garnishment

One of the most successful child support enforcement techniques is the use of child support wage garnishment to collect overdue child support payments. In this technique, an employer may be ordered to withhold a particular amount of the parent's income to pay his/her child support payments.

Is income the only monies that can be garnished for child support arrearage? Garnishment Laws In Texas

No, assets, investments, lottery winnings may be used to pay past due child support. A bank account garnishment and/or IRS garnishment of an obligor's IRS tax return may also be utilized.

How is the amount garnished determined? Garnishment Law

The amount of disposable income an individual has determines the garnishment amount. Generally, the garnishment amount is 25 percent of the taxpayer's disposable income. However, in some situations, the judge may order a modification to the garnishment amount.

Can a wage garnishment also assist in collecting child support arrearage? Payroll Garnishment Rules

Yes, as long as the withholding order directs that the overdue child support is also collected.

Once the child support wage garnishment has been ordered, will the entire amount ordered definitely be received? Legal Garnishment

Unfortunately, not, there are numerous reasons that an individual may not receive the full amount of child support ordered. The most frequent reason this occurs is because the payor doesn't have a sufficient amount of disposable earnings.

What determines the maximum allowable percentage of disposable income that can be withheld for child support? Garnishment Sample

The Consumer Credit Protection Act places limitations on the percentage of disposable income that can be withheld.

If an individual can show that he/she provides over half of the support for dependents (excluding the dependents for whom the child support is being deducted) and;

• If no arrearage has been accrued 50 percent of his/her disposable earnings can be withheld.
• The payor does have an accrued arrearage, 55 percent of his/her disposable income can be withheld.

If an individual does not show that he/she is providing over half of the support for dependents (excluding the dependents for whom the child support is being deducted) and:

• No arrearage has been accrued, 60 percent of his/her disposable earnings can be withheld.
• The payor does have an accrued arrearage, 65 percent of his/her disposable income can be withheld.

It is important to note that these percentage amounts are only deducted if the obligor doesn't have an ample amount of disposable income to allow the full amount ordered to be deducted.

Can one obligor have multiple income withholding orders for child support? State Tax Withholding Forms

Yes.

What if an obligor has more than one income withholding order for child support? Ohio Income Withholding Form

If there are sufficient disposable earnings available, the full payment amount for all child support wage garnishment orders will be authorized. However, if disposable earnings are insufficient, the Consumer Credit Protection Act's limitations will become applicable. According to federal law, the disposable income that is available will be allocated so a proportionate share is paid to each obligation.

How is the proportionate share calculated? Withholding Form

The most common method used is dividing each order amount by the total amount of available disposable earnings. This will determine the percentage that will be paid to each of the obligations.

What if there are multiple support orders for one obligation? Garnishment Withholding

In this type of situation, the most recent order will be honored.

What happens if the child support bank account garnishment or wage garnishment technique fails? Garnishment Application

If a parent does not make his/her child support payments, he/she may be denied a passport, his/her driver's license may be suspended, federal retirement accounts and benefits may be withheld, IRS tax return refunds may be withheld, his/her credit rating may decrease, liens may be filed against his/her real estate and/or a contempt action may be filed against him/her.