If my paycheck is garnished and I work part-time but am the only one with income, can they still get 25% of my income?

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If my paycheck is garnished and I work part-time but am the only one with income, can they still get 25% of my income?

What if the hours are different each week?

Asked on January 8, 2012 under Bankruptcy Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under all states in this country, statutes universally allow for the maximum amount of one quarter (1/4) of the net amount of each pay check period. The amount of what your net paycheck will vary by each pay period depending upon whether or not your hours are consistent or not.

If the amount taken out is too much of a burden for you, you have the option of filing a petition with the court to see if it would reduce the percentage taken out or not. Note, it is entirely up to the judge to grant the request or not depending upon the circumstances.


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