I'm not a lawyer and this is not legal advice.
A father in the public Facebook group "New Jersey Fathers' Rights Movement" posted a picture of his electronic paycheck (links not allowed here)
This is what it looks like when a Parent who pays child support gets their last working check? This Father was laid off from his employer due to the Covid 19 Virus.
The picture showed:
Take Home Pay: $5.91
Gross Pay: $467.91
Because members of this group may be noncustodial parents who pay child support, and who also may be subject to illegal violations of their civil rights to limitations on garnishment under federal law, please be aware of these limits esp 5 CFR § 582.402 and 15 U.S. Code § 1673:
Please also tweet with me to seek justice:
Dad is left with $5.91 weekly paycheck. Minimum he should have is $217.50 5 CFR § 582.402. Ignoring garnishment limits is cruel & unusual punishment for fathers @USDOL @OIGatHHS @HHSOCR @SecAzar @realDonaldTrump @GovMurphy @NewJerseyOAG #FathersRights
End.
(2) If the employee-obligor's aggregate disposable earnings for a workweek are less than 40 times the FLSA minimum hourly wage, garnishment may not exceed the amount by which the employee-obligor's aggregate disposable earnings exceed 30 times the current minimum wage rate. For example, at an FLSA minimum wage rate of $5.15 per hour, the amount of aggregate disposable earnings which may not be garnished is $154.50 [$5.15 × 30]. Only the amount above $154.50 is garnishable.
https://www.law.cornell.edu/cfr/text/5/582.402
FLSA Minimum wage is $7.25
https://www.dol.gov/agencies/whd/minimum-wage
$7.25 * 30 = $217.50
Also, there is a 65% limit:
15 U.S. Code § 1673. Restriction on garnishment
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;
except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
https://www.law.cornell.edu/uscode/text/15/1673
So a worker making $20 per hour at 40 hours makes $800 per week, the minimum take home for that worker must equal or exceed $217.50, and must not be less than 35% of wages, which, for that worker, is $280, so the worker's minimum after garnishment must be $280.
However, other deductions may apply. (e.g. state taxes or health care)
[–][deleted] (4 children) | Copy Link
[–]Considered_Dissent 3 points4 points5 points (3 children) | Copy Link
[–][deleted] (2 children) | Copy Link
[–]Considered_Dissent 4 points5 points6 points (1 child) | Copy Link
[–]MNCPA 5 points6 points7 points (0 children) | Copy Link
[–]FactsAngerLiars 1 point2 points3 points (0 children) | Copy Link
[–]MadeInBeirut13 1 point2 points3 points (0 children) | Copy Link
[–]Diesel-66 -2 points-1 points0 points (2 children) | Copy Link
[–][deleted] (1 child) | Copy Link
[–]Diesel-66 -1 points0 points1 point (0 children) | Copy Link