Legal Question in Credit and Debt Law in Texas

Maximum wage garnishment percentage.

If there is an existing child support order of 20% of disposable income that is garnished from my spouses wages ( she has never been in arrears, it has always been deducted this way) and then an order for an additional 15% garnishment is recieved for a defaulted federal student loan, can the full 15 % also be deducted on top of the 20% already coming off her net income, or is the total amount that can be garnished from her disposable income capped at 25%? I have been to the FSLA website, but it is unclear if the 25% cap applies to child support combined with a garnishment for a loan default. We want to rehabilitate the loan at some point, but I have cancer and we are unable to do so until my treatment is over.


Asked on 12/31/06, 5:58 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Maximum wage garnishment percentage.

Although the FSLA cap might be 25%, the child support cap is 50%. It is worth a letter to the ex asking for a temporary reduction due to extraordinary circumstances. It is also worth a letter to FSLA asking for a reduction as well, providing documentation of the child support payments, and your medical situation.

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Answered on 1/02/07, 8:20 pm


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