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Garnishment

When a parent does not pay their court ordered child support, the court may order their employer to garnish or deduct money from their earnings or wages. After the court orders the employer to withdraw the chid support payments from the parent’s salary or wages, that money is then allocated to the parent who is supposed to be receiving child support payments or for any other outstanding attorney’s fees or costs incurred. The court will determine how long the income deduction will continue. Fla. Stat. §61.12. The length of the wage garnishment may depend on how much back child support is owed, the maximum amount that can be witdrawn from the paying spouses's income (see below) and how long it will take to pay that off based on the amount that can be withdrawn. 
If a parent does not pay their court ordered child support, the court may order the garnishment of their wages.

What is the Maximum Amount that can be Withdrawn from an Obligor’s Income?
 

When the nonpaying parent is supporting a spouse or dependent child, other than for whom child support is due, the maximum amount the court may order deducted from their income is 50% of their disposable earnings for the week. By comparison, when the obligor is not supporting another spouse or dependent child, the maximum amount the court may order deducted from their income is 60% of their disposable earnings for the week. 15 U.S.C.A. §1673.
 

Is Disciplinary Action Against the Obligor (Employee or Paying Spouse) by their Employer Allowed?
 

Many ask if the employer may punish the paying spouse for having to deduct money from the paying spouse's pay. The answer is no. An employer may not take disciplinary action against the nonpaying parent (employee) when the employer is court ordered to garnish their income. Fla. Stat. § 61.12.

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