[SAXTON_II]

I have a order for child support that takes 40% of my disposable income. My employer just received two student loan garnishment orders that represent another 40% deduction in my disposable income. When I asked our payroll dept that informed about the deductions, they informed me that they are "only obligated" to pay me 30 times the minimum wage and that everything else is fair game. My amateur research on the net seems to suggest that with an order of support already taking more than the 25% threshold, that the order for the student loans should not have been executed. They went on to say that every student loan order can take 15%. Is this true. Need Adicec... Please help!

[Fr_Chuck]

From my amateur research I read where Texas follows federal law on garnishment of child support and student loans.

Under federal law, you cannot garnish more than 25% of the debtor's disposable income. There is an additional protection for low income people. A wage earner must be left with a weekly wage equal to 30 times the current federal minimum wage -- which has been $5.15 since June 2000. (In a few states the minimum wage is higher. See DOL WHD: Minimum Wage Laws in the States for up-to-date information.) This means that the debtor gets to keep the first $154.50 per week; you can garnish 25% of the excess (15 U.S.C. §1673(a)(1)).

If your judgment is for child or spousal support, you can garnish up to 50% of the judgment debtor's take home pay (55% if he is 12 or more weeks in arrears.) If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of his wages (65% if he is 12 or more weeks in arrears.) There is no automatic protection for low-income workers.