What is the maximum Family Court can order you to pay?

[CDAN99]

The problem is that I have been borrowing heavily so that I can pay child support because my unemployment benefits were delayed several months. Now that I finally received those benefits, the Judge has ordered me to pay 100% of it. There must be a max. amount they can take. I must be allowed to have something to support myself.

I showed my attorney the federal restrictions on garnishment law (Title 15, Chapter 41, Subchapter II) and he just laughed and said it doesn't apply to me. WTF?

[Waylon]

CDAN!! Welcome back, bud! Long time no see...PM me if you have a moment.

The problem is that I have been borrowing heavily so that I can child support because my unemployment benefits were delayed several months. Now that I finally received those benefits, the Judge has ordered me to pay 100% of it. There must be a max. amount they can take. I must be allowed to have something to support myself.

I showed my attorney the federal restrictions on garnishment law (Title 15, Chapter 41, Subchapter II) and he just laughed and said it doesn't apply to me. WTF?

[CDAN99]

The part that is confusing is

2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed:
(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and

My attorney says that the part "(other than a spouse or child with respect to whose support such order is used)" really refers to a second ex-spouse. Does anyone else see that?

[ocean]

Here it is usually 50% and it can go up to 65% for arrears garnished from paychecks. You may have an issue since you are receiving benefits from the gov't. They may be allowed to take it all...
What did the lawyer say as to why it does not apply to you?

[CDAN99]

Lawyer states that I need to have two ex-spouses for the law to apply. I disagree.

The benefits from the gov. are my wages so I have to disagree that they are subject to 100% garnishment. To take all reduced wages at a time of crisis is a recipe disaster. Benefits are only a tiny fraction of former wages. To take all of those benefits means no survival. This is where the problem lies. Hey, I know I am preaching to the choir. Just trying to find a reasonable solution to avoid jail and contempt charges for something totally unreasonably imposed upon me.

[ocean]

Call another lawyer and ask... From what you posted, it sounds like if you can prove you have a second family now (or third..lol) then the highest would be 50%.
The judge ordered 100%?? Did they garnish it yet?? It may say you need to pay that much but when it comes time to do it, may only take the 50%.

[CDAN99]

The judge first put a restraining order on 100% of the income that I was waiting to get from an unemployment appeal while still ordering me to pay CS (which I did). Once I won my unemployment appeal several months later, the judge ordered me to pay 100% of my unemployment wages I am waiting to receive. That combination basically has me paying over 130% of my reduced income towards CS and arrears. The judge also refused to give me an accurate arrears calculation and basically said I'm taking everything and recalculating the arrears you owe at a later date. It is my argument that the judge is overstepping federal law and ordering me to pay above and beyond ability. I paid as much as I could and it calculates to be over 120% of my reduced wages when you add in what I was already paying weekly but I am being threatened with incarceration regardless.