Raleigh Wage Garnishment Lawyer
You work hard for your money, and wage garnishment is one legal course of action that can seriously threaten your earnings—sometimes before you can even get your feet underneath you. This is an especially big concern for anyone going through a divorce, especially when it comes to the division of assets, alimony, child support, or other financial obligations.
At Doyle Divorce Law, we specialize in helping individuals navigate complex family law issues, including wage garnishment. Our experienced team of Raleigh wage garnishment lawyers is here to offer the guidance and support you need to understand your rights, minimize the financial impact, and explore options to find the best one for you, even in high-tension legal proceedings.
What Is Wage Garnishment?
Wage garnishment occurs when a court orders an employer to withhold a portion of your wages to send directly to a creditor or the government to satisfy a debt.
The amount withheld is typically a fixed percentage of the employee’s wages. The exact percentage depends on the circumstances of the garnishment, which can include:
Unpaid child support
Alimony
Unpaid taxes
Federal student loans
Consumer debt
Business debt
Wage Garnishment Relates to Divorce
In a divorce, the court will typically assign financial obligations such as alimony (spousal support) and child support to one or both spouses. If one spouse fails to meet these obligations, wage garnishment may be ordered to ensure those payments are made.
This can be especially common in cases where there is a history of missed payments, or if the obligated spouse demonstrates a pattern of flaking on their financial commitments.
Child Support Garnishment
In North Carolina, child support is typically calculated based on each parent’s income, as well as the needs of the child. If a parent falls behind on these payments, the state can opt for wage garnishment. This ensures that payments are made consistently to the other parent, or the agency managing child support enforcement.
Alimony Garnishment
In some divorce cases, one spouse may be required to pay alimony, or spousal support, to the other. If a spouse falls behind on alimony payments, the court may order wage garnishment to enforce these obligations.
Wage Garnishment Process in North Carolina
If you are facing the possibility of wage garnishment in North Carolina due to unpaid child support, alimony, or other financial obligations, it’s important to understand how the process works.
In most cases, the process begins when a court orders garnishment due to missed payments or failure to meet an existing financial obligation.
Here are the general steps that take place in the wage garnishment process:
1. Court Order
To initiate wage garnishment, the creditor (in this case, the spouse or agency owed support) must obtain a court order. This typically happens after the court determines that the obligated spouse has failed to honor the agreement outlined in the divorce decree or separation agreement.
2. Notification
Once the court issues the garnishment order, the employer is notified, and the employee (the individual subject to garnishment) is typically informed of the garnishment. The employer is then legally obligated to withhold the designated amount from the employee’s paycheck.
3. Garnishment Amount
The amount garnished is usually a fixed percentage of the individual’s disposable income—what remains after necessary deductions such as taxes. In North Carolina, wage garnishment for child support is typically capped at 60% of disposable income for a single obligation, but this can vary based on your unique circumstances. It’s important to note that if you are facing multiple garnishments (for example, both child support and alimony), the total garnishment amounts may be combined, potentially leading to a higher percentage of your income being withheld.
4. Ongoing Payments
Once garnishment starts, it typically continues until the financial obligation is fully satisfied or the court orders the garnishment to stop.
5. Contesting Garnishment
In certain cases, it may be possible to contest wage garnishment, either by showing that the garnishment is incorrect or by requesting a reduction based on financial hardship. An experienced Raleigh wage garnishment lawyer can help you understand your options.
Potential Impacts of Wage Garnishment in Divorce
There’s no question that wage garnishment has an immediate effect on your life and bank account, but it can also have long term effects on your finances.
How a Raleigh Wage Garnishment Lawyer Can Help
If you are worried about the possibility of wage garnishment as part of your divorce, family law, or other matter, a skilled Raleigh wage garnishment lawyer can help you explore your options and protect your rights.
Frequently Asked Questions: Wage Garnishment in North Carolina
How much of my wages can be garnished in North Carolina?
The amount of wages that can be garnished depends on the type of debt you’re in, and your income level. Here’s a quick breakdown:
-
- For Consumer Debts: The maximum garnishment is typically 25% of your disposable earnings. If your disposable income is less than $217.50 per week, your wages cannot be garnished.
-
- For Child Support or Alimony: Garnishments for child support or alimony are generally higher, with up to 50-60% of your disposable earnings being garnished, depending on whether you are supporting other dependents. That amount can also be increased by 5% if you take more than 12 weeks to make payments.
-
- For Federal Student Loans: The maximum garnishment for federal student loans can be up to 15% of your disposable earnings, but there are limits to how much of your income can be taken to ensure you are left with enough to cover basic living expenses.
-
- Federal and State Taxes: The amount that is able to be garnished from your wages to repay taxes is determined on a case-by-case basis by the IRS
How do you know wage garnishment is happening?
Before garnishment can begin, you should receive a written notice, often from a creditor or a court, informing you that your wages will be garnished. This notice will include details about the debt, the amount owed, and how much will be taken from your wages.
After the garnishment order is issued, your employer will receive a separate notice. This will instruct them on how much of your wages to withhold and send to the creditor. Once garnishment starts, you’ll see a deduction from your paycheck for the garnished amount.
Is a wage garnishment public record in North Carolina?
In North Carolina, the court judgment or legal action that leads to the garnishment can be a matter of public record. This means that if a creditor files a lawsuit against you and wins, that court judgment will be available to the public.
This information can also show up on a credit report for up to seven years, which means it can have a major impact on your score.
In a divorce, the court will typically assign financial obligations such as alimony (spousal support) and child support to one or both spouses. If one spouse fails to meet these obligations, wage garnishment may be ordered to ensure those payments are made.
This can be especially common in cases where there is a history of missed payments, or if the obligated spouse demonstrates a pattern of flaking on their financial commitments.
