Wage garnishment is one of those things that most people have never heard of or had to give any thought to. But if you are involved in and owe any kind of debt — whether as a result of owing child support to an ex-spouse or the parent of your child, back taxes, or any other kind of court judgment — then it may be an issue with which you need to familiarize yourself. The attorneys at Reinherz Law are here to assist you when you have been advised that you are facing a wage garnishment, and to make sure that you are treated fairly throughout the process.

A wage garnishment describes any incident when your employer is under court order to set aside a specific amount of the money that you are paid each week or biweekly as compensation for your work to be sent to an individual or entity that you owe money to.  A garnishment can be in place up until the time that whatever debt you owe is paid off. Though garnishments can be established for different amounts, there are limits to what percentage of your income can be taken from you in any one week or pay period.

When a wage garnishment is entered against you, either the local marshall or sheriff is notified of the debt and will take action to get in touch with your employer. After notification of the garnishment is provided, it is the responsibility of your employer to let you know how much will be withheld from your wages (and for how long), as well as to be responsible for actually forwarding the money that has been set aside to those to which it is owed. If you believe that the garnishment is unfair, you can take it up with your employer, who will advise you as to who you should speak with and voice your objection.

There are some garnishments that require court orders, while others do not. The most straightforward garnishments are those involving back taxes, student loans, creditors and child support.  It is essential for those who have been subjected to these types of garnishments to understand that no more than 25% of their disposable earnings can be taken as a result of a garnishment. Alternatively the maximum that can be taken is calculated as 30 times the number that represents the minimum wage.  Whichever of these two is lower is the highest number that can be taken out of your earnings, and though this may represent a significant diminishment of the amount that you take home, there is some comfort in knowing that you are still able to retain a substantial portion of your income.

If you have been told that you are subject to wage garnishment, it is essential that you understand your rights. The attorneys at Reinherz Law can provide you with valuable information that can guide you as you move forward. If you need more information, contact us directly to set up an appointment.