EmploymentQuestion 920 of 1605

For a child-support wage assignment (income withholding order), the maximum percentage of disposable earnings that may be withheld is generally higher than for ordinary debts. What is the typical maximum for an employee supporting no other family and who is not in arrears beyond 12 weeks?

a.25% of disposable earnings
b.Exactly 40% in all cases
c.10% of disposable earnings
d.Up to 50-60% of disposable earnings (higher for those not supporting another family)

Explanation

Child-support income withholding follows the federal Consumer Credit Protection Act limits: up to 50% of disposable earnings if the employee supports another spouse or child, and up to 60% if not, with an extra 5% allowed when payments are more than 12 weeks in arrears. These limits are much higher than the 25% cap for ordinary consumer debts, reflecting the priority given to child support.

Law Reference: Family Code §5230 et seq.

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