Is there a limit to the amount of child support that can be withheld?
Question
The amount being withheld from my paycheck for payment of child support does not leave enough money for me to live on. Is there a limit to the amount that can be withheld?
Answer
Yes. The total amount that can be withheld from any employee's paycheck is limited by the Consumer Credit Protection Act (CCPA). The limits provided in the CCPA are 50 percent of disposable earnings if the parent who pays child support has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55 and 65) if payments are in arrears for a period equal to 12 weeks or more.
Disposable income is the gross income minus total mandatory deductions according to the Federal Consumer Credit Protection Act (Title 15 USC, Section 1673(b)). Mandatory deductions: Federal Income tax withheld Social Security tax (FICA) withheld State Income tax withheld Other deductions required by law, such as required disability contributions and/or required retirement contributions Check with the state CSE agency to see if the state has more limits on the amount that can be withheld.
State child support guidelines determine what a child support order will be. The CCPA only addresses the top amounts that can be withheld.
For information about your state guidelines check the link below.
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