Can Child Support Garnish 100% of Your Wages?

Earnings

• The federal government defines disposable earnings as monies left over after an employer removes all state, federal and local payroll tax deductions from a worker's paycheck. These deductions include monies paid for income tax, Social Security, Medicare, unemployment insurance, worker's compensation and disability programs. Voluntary deductions that pay for retirement programs, union dues and health insurance can be garnished, but contributions made into a retirement plan by an employer do not count as compensation when calculating child support.
  
  

Limits

• A court can require an individual to pay up to 60 percent of his disposable income in a workweek for child support if he is unmarried and has no other dependent children under Section 1673(b) of the Consumer Credit Protection Act as of March 2011. Under no circumstances will a married individual or a parent with a dependent child pay more than 50 percent of his weekly disposable earnings in child support payments. These limits apply regardless of the amount of children to which the parent owes support.
  
  

Arrears

• If a parent subject to a child support order owes unpaid support monies for at least a 12-week period, a state or local court can add an additional 5 percent to the maximum garnishment limits set by the federal government. As of March 2011, a single person without dependents can pay up to 65 percent of weekly disposable income in child support, and a married person or parent with a dependent can pay up to 55 percent of weekly income under federal law if they owe back child support according to the U.S. Department of Labor.
  
  

Local

• No state or local court can issue a child support order that exceeds maximum garnishment limits set by the U.S. government under the Consumer Credit Protection Act, but some states reduce the amount of child support that a parent owes. For example, Washington State limits wage garnishment for child support to 45 percent of a non-custodial parent's net income in most cases under Section 26.19.065 of the Washington Revised Statutes as of March 2011. Parents should check with their state department of health and human services to determine state guidelines for child support garnishment.