While a couple is married in New York, as in other states across the country, both parents contribute to the child’s upbringing This includes education, healthcare and other financial needs. However, when the couple divorces and one parent is given primary custody of the child, many may believe this also includes financial obligations but this is not the case. Courts often order child support, which is an ongoing periodic payment from one parent to another to cover the child’s financial needs.
Paying child support is very important as it ensures the child is getting the best care possible under the circumstances, similar to what it was before the couple’s marriage ended. Therefore, when the parent who is supposed to pay fails to pay child support, there are various steps that can be taken, including getting the individual’s wage garnished.
Wage garnishment is a legal process, making an employer obligated to withhold a portion of someone’s income to repay a debt. This is usually possible through a court order. A person’s disposable earnings are subject to garnishment. This is the income that is left over after all other legal deductions have been made. Generally, wage garnishment laws allow up to 50 percent of the wages to be garnished if the person is supporting another spouse or child and up to 60 percent if he or she is not. Where there are delinquent payments, the law may allow an additional amount to be garnished.
The courts take child support payments very seriously and there are serious repercussions for those who do not make timely payments. If someone is unable to make their payments, they should consider approaching the court and asking for a modification. If someone is not making their payments without a legal reason, it may be possible to get them to pay through various court ordered mechanisms, such as wage garnishment.