Do I have the capability to ask for repayment of a garnishment charge if my employer did not comply with a child support withholding order?

UPDATED: Jul 20, 2012

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Do I have the capability to ask for repayment of a garnishment charge if my employer did not comply with a child support withholding order?

I have 2 student loan garnishments that have been coming out of my check for the prior year, which takes up 25% of my paycheck. Then 3 months ago, when my wife and I divorced, we settled on a child support plan and an Order of Withholding was set up and sent to my employer. They did not comply, and I just took my check and paid her from that. This has been going on for 3 months now, and my company, despite having been issued the Withholding Order again, have not taken out child support from my check. Can I receive funds back for not having my check garnished in the correct manner?

Asked on July 20, 2012 under Bankruptcy Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately once money has been sent out on a wage garnishment and the time to object to the levy via a claim of exemption has passed you cannot get the money back.

As to future moneys that are subject to the garnishment, I suggest that you complete, serve and file a claim of exemption where the court will then set a hearing date and make a ruling on the claim. The reason for the claim is that more than the maximum 25% of your net paychecks are being taken by the ganrishments. I suggest that you consult with an attorney that practice sin the area of debt collection to assist you with the needed paper work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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