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| | I am not receiving the full amount of child support payments. |
Although there are many reasons that you might not be receiving the full court-ordered amount of child support from the income withholding, the most common reason is that the non-custodial parent does not have sufficient disposable earnings to allow the deduction of the full amount.
The Consumer Credit Protection Act (15 U.S.C. § 1673)* limits the amount that can be deducted as child support from earnings. The limit ranges from 50 percent (50%) of disposable earnings to sixty-five percent (65%). The full ordered amount of child support will be deducted as long as that amount does not exceed the maximum percentage allowable. The following is an explanation of when the different maximum percentages apply:
50% of disposable earnings is the maximum percentage allowable if the non-custodial parent provides proof that they are providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payer has not accrued an arrearage.
55% of disposable earnings is the maximum percentage allowable if the non-custodial parent provides proof that they are providing more than half the support of dependents other than for those whom the support is to be deducted, and if the payer has accrued an arrearage.
60% of disposable earnings is the maximum percentage allowable if the non-custodial parent has not provided proof that they are providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payer has not accrued an arrearage.
65% of disposable earnings is the maximum percentage allowable if the non-custodial parent has not provided proof that they are providing more than half the support of dependents other than those for whom the support is to be deducted, and if the payer has accrued an arrearage.
Remember: The percentage amounts will only be deducted if the non-custodial parent does not have sufficient disposable earnings to allow for the full ordered amount to be deducted.
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