Baltimore & Towson Lawyer Discusses Child Support And Alimony Garnishments In Maryland
Divorce can bring about a number of financial ramifications for the individuals involved. One such consequence might include the garnishment of wages if the court decides that it is necessary due to a former spouse's refusal or failure to pay child support and/or alimony. Your Baltimore and Towson divorce lawyer will tell you that wage garnishment is a legal remedy that is typically used to ensure that outstanding child support and/or alimony requirements are paid in full regardless of the amount owed.
During the divorce process, the court might order one spouse to make alimony payments, which is monetary support that is paid to either the former female or male spouse for a certain length of time. The court might also order a spouse to make child support payments to the other spouse for the care of a child or children who are with the custodial parent. Any individual who does not receive the support and/or alimony payments as ordered by the court can seek to have that order enforced via the use of a wage garnishment of the non-paying individual's wages.
How Much Can Be Garnished From a Baltimore County Resident for Child Support and/or Alimony?
In Maryland, individuals who do not have other children and/or spouses to support can face having up to 60 percent of their after-tax earnings garnished. Additionally, anyone who is over 12 weeks in arrears for either alimony or child support at the time a garnishment order is issued can have 65 percent withheld from his or her wages.
Your Baltimore and Towson divorce lawyer will also tell you that if an individual has other children and/or another spouse for which they are providing support, the court can require that 50 percent of his or her earnings be subject to garnishment (or 55 percent if that individual is more than 12 weeks in arrears on either payment).
What Can Be Garnished in Baltimore County?
Under Maryland law, anyone who fails to make court-ordered support or alimony payments can face a withholding order that will take payments from not only his or her paycheck, but also unemployment benefits, workers' compensation payments, Social Security and even some pensions.
The Federal Consumer Credit Protection Act (CCPA)
Individuals who are facing wage garnishments for non-payment of alimony and/or child support should be aware that Title III of the CCPA shields employees from being fired from their jobs because of one garnishment; however, individuals should also bear in mind that the law does not protect those individuals from being discharged if they have a second or subsequent garnishment. Title III applies to individuals who have what is commonly referred to as "personal earnings."
Personal earnings consist of wages, salaries, bonuses and commissions. Additionally, individuals should know that income received from pensions or retirement programs will also be considered as personal earnings. However, for those who work at restaurants, tips are not always included as personal earnings.
If your wages have been garnished due to a failure to pay alimony and/or child support, you are encouraged to contact a Baltimore and Towson divorce lawyer at the Law Offices of Amar Weismann, LLC today.
Call (410) 321-4994 For a Free Consultation
Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.