Increasing Amounts Withheld from Income
If a parent owes past-due support, the amount withheld might be increased - up to 50% of the current support amount ordered by the court.
- The court order is for $250/month for current support.
- Another $125 (50% of $250) could be added to the income withholding notice.
- The total amount withheld would then be $375 ($250 for current support & an additional $125 for past-due support).
Federal Consumer Credit Protection Act
The federal Consumer Credit Protection Act (CCPA) limits the total amount that can be withheld from a payer's wages. The withholding notice that your employer receives for you lists your withholding limits. If your employer cannot withhold the total support amount due, you still owe the amount that is not withheld. You may ask your employer to withhold all the support that is due, even if it is more than these limits.
Even when the amount withheld via income withholding increases, these limits are still in place. The Consumer Credit Protection Act limits are:
- 50% of your disposable income if you have a second family
- 55% of your disposable income if you have a second family and have unpaid support that is 12 or more weeks overdue
- 60% of your disposable income if you have no second family
- 65% of your disposable income if you have no second family and have unpaid support that is 12 or more weeks overdue