Hello, MOM's. My husband recently got a wage garnishment letter from his job American Airlines, stating that the US Government wants to garnish 15% of his net earnings, which is $600 to pay a student loan debt from 1988. My husband already has a child support garnisment of $450 every two weeks which is $1800 a month. He grosses $1500 every two weeks, not including taxes. By law, can two garnishments of these amounts be legal? By the way the kids my husband is paying child support for lives with us. Their mother wants to keep stealing the money and keeps saying she has called and written child support enforcement to stop it, but the money is still being taken out of his check. Also, my husband asked her for the money she received and she refused! What a low life, huh? I would like to hear from any attorney's that are moms and know about this situation or any mom who know's of an attorney that they could ask about this. Thanks soo much! LOL.
Does he have more than one student loan? A while back I had financial problems and my loans were in default and my credit was bad. Anyway, I was able to consolidate my loans and start paying them off at a low rate. They paid off my old loans and I was able to start paying them. Here is a link for the company I went through. Good luck!
https://www.acs-education.com/CS/Jsp/consolidation/conHom...
I am not an attorney, but have seen wages garnished from co-workers and such over the years. First, have you seen written confirmation from the student loan and is it 100% correct? If it is correct, then go on to #2. Second, the garnishment is supposed to be from the NET wage, not gross. There is a big difference. Third, he needs to get all the paperwork together and try to work out a deal with either or both agencies to show his situation in order to have it considered in the proper light. Lastly, try to be polite with the people in these agencies. They can get really nasty fast or be helpful, depending on your attitude. Trust me, you need their help. Good luck!!
http://www.tferfw.org/TFER/ Go to this website. It is the website of Texas Fathers for Equal Rights. They can help you represent yourself in court regarding the child support issue. They have attorneys whom you can meet with and help guide you in what action should be taken. You must pay a yearly membership fee of somewhere around $150 or so. No attorney's fees so it is very inexpensive. You should definitely pursue the child support issue since so many Dads, like my husband, get "abused" by the system and the loser mother. Hope this helps! Good luck.
First, Government has the legal right to garnish for a student loan debt. That's how students can get student loans by the guarantee of the government that they will get their money back.
Secondly, I have had to pay child support myself for my two daughters, but now they have recently moved back in with me since end of December 2006. My child support is still coming out of my check, because it takes a while for the AG & the attorneys to file everything appropriately and get it all set up. My ex-husband, when we did all this re-arranging of custody, had agreed that he would return the money back to me. It was looking like he wasn't going to for several weeks but then finally, last weekend, he gave me two checks. One for my child support being returned, and the other for his child support. WHOOYOO!! It was like a savings account I didn't think I had!!! hahaha...
Anyway, to stop his CS garnishment, he will need to do it with the AG or get an attorney himself. With the AG, he will have to prove how long the kids have been in his home, unless him and his ex have a signed agreement with the date. Then they can back-charge her for his payments AND charge her for child support PLUS interest -- because it was kind of a "loan" from you... And it's pretty high interest, I believe like 16%...
Back to the student loan... he defaulted on the loan otherwise, they wouldn't garnish his checks. What he can do is apply to consolidate the loans to lower the payments and get it out of the Governments hands.
Best of luck to you!
Thanks for your reply!! I was just trying to help a fellow mom. I realize you were asking a two part question. But I was answering one part. Sorry I did not have 100% of the answer, but I thought a little would help. Stay positive and this message board can work for everyone!!!
Call the Attorney General, they will help you out with the Child Support thing, they don't work TOO fast, but at least they will help.
Both are completely legal garnishments.
R.,
Allow me to preface my response by saying that I am not an attorney but I do have about 15 years experience with the child support system in Dallas County. Your husband can go to managing child support office and request a hearing (for free) and explain to the managing attorney that the children for whom he pays support, actually live with and are cared for by him. The next question will undoubtedly be "how long have they lived with him." Of course, if the time is substantial, such as more than half the year, he can not only claim the children on his taxes but he can also request that he be reimbursed for all the payments from the time the children were in his care. I will also say that any number of entities can garnish his paycheck up the maximum amount allowed by law.
Both garnishments are likely legal. If you want to contest the child support garnishment because the children reside with you, you will need to seek an order from family court that entered the order authorizing the garnishment.
Good luck.
