The State of Missouri uses the guidelines of the federal law, the Consumer Credit Protection Act (CCPA) when deciding how much of an employee’s wages are exempt from garnishment. To figure out the maximum amount an employer can deduct, courts will subtract all of the legally required deductions from the employee’s total earnings.
Legally required deductions include:
- Income taxes
- Social Security & Medicare taxes
- State disability or unemployment insurance
- Payments for a state pension system for public-sector employees
- Any payments required by the Railroad Retirement Act
Once these deductions have been calculated, the total amount will be the employee’s “disposable earnings,” which can be garnished under the maximum limits.
The following are CCPA garnishment limits:
- 50%: The employee supports a second family
- 55%: The employee supports a second family & is 12 weeks or more behind on support payments
- 60%: the employee doesn’t support a second family
- 65%: the employee doesn’t support a second family & isn’t more than 12 weeks behind on support payments
When the Family Support Division sends and order for child support wage garnishment to an employer, the employer is required by law to comply with the order. After a wage garnishment for child support is sent to an employer, the employee only has a limited amount of time to contest the order. However, the employee can only dispute the garnishment order on the grounds of mistaken identity or the amount of their wages that are to be withheld. Your employer can garnish your wages for child support until they receive a notice from the Family Support Division or a court order to cease.
Do you have more questions about income withholding for child support? We can help. At Galmiche Law Firm, P.C., we are committed to helping families get through their divorces and move on to the next chapter of their lives. We can review your case and determine if your wage garnishment has been miscalculated or if you qualify for another type of exemption. Let us put our skills to work for you today.
Contact our St. Louis family law lawyer to schedule your free case consultation.