Can a garnishment be reduced?
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Can a garnishment be reduced?
I currently have outstanding student loans and have just found out that my paycheck is going to be garnished for $500 a month. I am in middle of a divorce and pay $1500 in child support a month. Can I ask that the garnishment be reduced due to my other obligations?
Asked on December 6, 2010 under Bankruptcy Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There is no wage garnishment statute in SC. This means that as a genreral rule wages cannot be garnished. (i.e. most private creditors have no ability to do so). However, government creditors (like the IRS, for taxes, or student loans that are government guaranteed) have the ability to garnish wages. Additionally, your wages can also be garnished in SC (and anywhere else) for child support.
Typically, whether or not such wage garnishments can be modified is a matter of state law. Most states follow federal law which allows a maximum of 25% of wages to be garnished (in some states that amount is lower); there are exceptions however regarding the maximum garnishment by a government creditor and for child support. That having been said, all garnishment action is subject to appeal and modification if it constitutes an undue hardship upon the garnishee or the garnishee's dependents. In a case of a non-private creditor (your situation), the court will determine the amount of the garnishment.
Right now, you should consult directly with a SC attorney as to all of this. Since money is an issue, try Legal Aid or a law school free clinic, if there is one located near you.
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