Garnishments begin with withholding orders issued by circuit clerk at the request of the creditor. Regarding child support the creditor can be the parent or the Family Support Division.
There are limits to how much can be garnished. The limit to what can be garnished is derived from the employee’s “disposable income,” which usually means all income after deduction for taxes, FICA, and Medicare. Both the “circuit clerk’s” automatic withholding orders and the FSD’s OTWs are subject to the federal garnishment limitations for child support. 34 Op. Mo. Att’y Gen. 83 (1983); see 15 U.S.C. § 1673(b). The ceiling on how much can be garnished is also dependent on whether the obligor has other dependents and on how long the obligor has been delinquent.
Dependents /Arrearage Time Delinquent Percentage
Other dependent and arrearage less than 12 weeks delinquent
50% of paycheck can be garnished.
Other dependent and arrearage greater than 12 weeks delinquent
55% of paycheck can be garnished.
No dependents and arrearage less than 12 weeks delinquent
60% of paycheck can be garnished.
No dependents and arrearage greater than 12 weeks delinquent
65% of paycheck can be garnished.
Wage garnishment is time sensitive. If you or someone you know needs assistance or have questions regarding wage garnishment call us today.
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