Cartersville, GA asked in Bankruptcy and Collections for Georgia

Q: In Georgia, my husband is currently being garnished for child support arrears in an amount slightly less than 25%.

Two additional creditors have garnishment orders now. Can they take 25% in addition to what is currently being taken for child support, or is the total allowed to be taken 25% including the child support as long as child support is happy with their current amount?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: 25% is the total that can be taken at any one time (with certain child support exceptions) regardless of how many creditors are in line.

Brace W. Luquire
Brace W. Luquire
Answered
  • Bankruptcy Lawyer
  • COLUMBUS, GA
  • Licensed in Georgia

A: Child support arrears are generally set up as a designated amount, not a percentage. The other creditor garnishments are taken in order of the date of the judgment and cannot exceed 25% which would be in addition to the child support. Child support garnishments can be as much as 65% of the net pay.

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