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My sister is having her wages garnished for medical bills. What is the max that they can take from her check? Would she be better off claiming head of household since she has two small children and only gets child support from one of the father's and nothing to this date court ordered from the second?

She is planning on filing for bankrutpcy as she has no other choice and other bills that have piled up because of the reduced income due to the garnishment, they are taking I believe 25% of her income each check, does that sound right? Something like $260.00 every two weeks.

Any advice on this situation would be greatly appreciated.




Send a Pm to Fins she is the one that is great on wage garnishment

Sub: #1 posted on Mon, 07/14/2008 - 09:35

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The Federal cap is 25%. Some states further reduce the cap (IL only allows 15%), but every state is different.

Sometimes the courts will reduce the amount if she can prove a hardship or that she's indigent. But that's more of an attorney question and I have no idea how to actually go about getting the amount reduced.

Sorry :cry:

Sub: #2 posted on Mon, 07/14/2008 - 09:43

DebtCruncher DebtCruncher
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When I was going through my separation and divorce, I was living seperate from my "husband" and had both my kids. I claimed head of household because technically I was. It had nothing to do with how much child support I got or anything like that. In my agreement, I claimed one child and my ex claimed the other, but like I said, I was still able to claim head of household. If she really wanted to be sure, have her talk to the person that does her taxes. They are the ones that should be up to date on all the tax laws.

Sub: #3 posted on Mon, 07/14/2008 - 18:43

2nband 2nband
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She has been the one doing her own taxes but she definetly needs to change that to claim head of household. I will contact Fins for assistance, thank you all so much I really appreciate it.

Sub: #4 posted on Mon, 07/14/2008 - 19:59

ladybug ladybug

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