Family and Safety

WHAT DO I DO IF MY WAGES ARE GARNISHED?

What can trigger wage garnishment? Child support Alimony Bankruptcy Student loans Consumer debt Government debt Taxes

How much of you pay can be garnished?  Example (based on the federal minimum wage of $7.25 per hour). 1. An employee’s gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.

I’m I protected against being fired because my wages are garnished?  The CCPA prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect that one debt. The CCPA does not prohibit discharge because an employee’s earnings are separately garnished for two or more debts.

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4- USWAGE (1-866-487-9243)

National Domestic Violence Hotline https://www.thehotline.org/

Hotline and loveisrespect support survivors 24 hours a day, 7 days a week.  With precautions made during COVID-19, highly trained Advocates are working remotely to ensure services and continue to support survivors.  If you have an emergency situation, please call 911.  You can also check with DV/IPV programs and shelter in your area to see if they are able to assist you.

For anyone affected by abuse and needing support, call 1-800-799-7233, or if you’re unable to speak safely, you can log onto thehotline.org or text LOVEIS to 1-866-311-9474.

Safety Alert: Computer use can be monitored and is impossible to completely clear. If you are afraid your internet usage might be monitored, call the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224. Users of web browser Microsoft Edge will be redirected to Google when clicking the “X” or “Escape” button.

Divorce

No-Fault Divorce A divorce in which the spouse is not required to accuse the other of wrongdoing.  They can simply state that the couple no longer gets along. Every state now has no-fault divorce. In the past, a party seeking a divorce had to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. https://www.law.cornell.edu/wex/no-fault_divorce

Fault DivorceA tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce.  The “innocent” spouse was then granted the divorce from the “guilty” spouse.  The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity, and incurable insanity.  Today, all states offer no-fault divorce, but quite a few states also still allow a spouse to allege fault in obtaining a divorce, and some states also allow the court to consider fault in dividing property or awarding custody or visitation. https://www.nolo.com/dictionary/fault-divorce-term.html

Legal fault grounds include: (Each State has varied laws governing divorce)  AdulteryPhysical abuse or physical crueltyBigamyMental abuse or mental crueltyAddiction or chemical dependencyImprisonment of one of the parties to the marriage (and, in some states, criminal convictions)Desertion or abandonmentImpotenceMarriage between close relatives (as defined by the statutes of each state)Marriage obtained by force or fraudMental illnessMental incapacity at the time of the marriage

Cyberbullying Laws

Go to interactive map at https://cyberbullying.org/bullying-laws

Child Support Guideline Models by State
State/ Territory	Guideline Type	Link to Guidelines
Alabama	Income Shares	Ala. R. Jud. Admin. R. 32
Alaska	Percentage of Obligor’s Income	Alaska Civ. R. 90.3
Arizona	Income Shares	Arizona Child Support Guidelines
Arkansas	Income Shares	Ark. Admin. Order of the Supreme Court, Rule 10
California	Income Shares	California Fam. Code §§ 4050-4076
Colorado	Income Shares	Colo. Rev. Stat. §§ 14-10-115 et seq.
Connecticut	Income Shares	Child Support and Arrearages Guidelines
Delaware	Melson Formula	Delaware Child Support Guidelines
District of Columbia	Hybrid Model	D.C. Code Ann. § 16-916.01
Florida	Income Shares	Fla. Stat. Ann. § 61.30
Georgia	Income Shares	Ga. Code Ann. § 19-6-15
Guam	Income Shares	Guam Child Support Guidelines
Hawaii	Melson Formula	Hawaii Child Support Guidelines
Idaho	Income Shares	Idaho R. Civ. Pro. 6(c)(6)
Illinois	Income Shares	Ill. Rev. Stat. ch. 750, § 5/505 through Ill. Rev. Stat. ch. 750, §5/510
Indiana	Income Shares	Indiana Child Support Rules and Guidelines
Iowa	Income Shares	Iowa Child Support Guidelines
Kansas	Income Shares	Kansas Admin. Order No. 307
Kentucky	Income Shares	Ky. Rev. Stat. § 403.212
Louisiana	Income Shares	La. Rev. Stat. 9:315.1 et seq.
Maine	Income Shares	Me. Rev. Stat. Ann. tit. 19-A, §§ 2001-2012
Maryland	Income Shares	Md. Fam. Law Code Ann. §§ 12-201 et seq.
Massachusetts	Income Shares	Massachusetts Child Support Guidelines
Michigan	Income Shares	Michigan Child Support Formula Manual; Mich. Comp. Laws § 552.605 et.seq.
Minnesota	Income Shares	Minn. Stat. Ann. §§ 518A.35 et seq.
Mississippi	Percentage of Obligor’s Income	Miss. Code §§ 43-19-101 et seq.
Missouri	Income Shares	Mo. Rev. Stat. § 452.340 Civil Procedure Form 14
Montana	Melson Formula	Admin. R. Mont. 37.62.101 et.seq.
Nebraska	Income Shares	Nebraska Court Rules §§ 4-201 to 4-220
Nevada	Percentage of Obligor’s Income	Nev. Admin. Code 425 et seq.
New Hampshire	Income Shares	N.H. Rev. Stat. §§ 458-C:1 to -:7
New Jersey	Income Shares	N.J. Rules of Court, Rule 5:6A, Appendix IX
New Mexico	Income Shares	N.M. Stat. §§ 40-4-11.1 to -11.6
New York	Income Shares	N.Y. Dom. Rel. Law. § 240(1-b)
North Carolina	Income Shares	North Carolina Child Support Guidelines
North Dakota	Percentage of Obligor’s Income	N.D. Admin. Code §§ 75-02-04.1-01 to13; 14.09.09.7
Ohio	Income Shares	Ohio Rev. Code §§ 3119.01 et seq.
Oklahoma	Income Shares	Okla. Stat. tit. 43, §§ 118 to 120
Oregon	Income Shares	Or. Admin. Reg. 137-50-320 to -490
Pennsylvania	Income Shares	Pa. R. Civ. Pro. 1910.16-1 to -5
Rhode Island	Income Shares	R.I. C.S.G. Administrative Order
South Carolina	Income Shares	S.C. Soc. Serv. Reg. 114-4710 to -4750
South Dakota	Income Shares	S.D. Codified Laws §§ 25-7-6.1 et seq.
Tennessee	Income Shares	Tenn. Comp. R. & Regs. Dep’t Human Services 1240-2-4-.01 to -.057
Texas	Percentage of Obligor’s Income	Tex. Fam. Code §§ 154.001 et seq.
Utah	Income Shares	Utah Code §§ 78B-12 et seq.
Vermont	Income Shares	Vt. Stat. title 15, §§ 653-657
Virginia	Income Shares	Va. Code §§ 20-108.1, 20-108.2
Washington	Income Shares	Wash. Rev. Code §§ 26.19.001 et seq.
West Virginia	Income Shares	W. Va. Code Ann. §§ 48-13-101 to -803
Wisconsin	Percentage of Obligor’s Income	Wis. Admin. Code DCF 150.01 to .05
Wyoming	Income Shares	Wyo. Stat. §§ 20-2-301 to -315