Wage Garnishment Against Employees in Child Support Cases

A New York City who falls behind on child support payments may be subjected to wage garnishments levied by the Office of Payroll Administration. If the office receives an income execution against an employee, up to 10 percent of that person's gross salary may be garnished, but this percentage may be lower if specified in the execution. City officials will typically notify the employee if the garnishment is enacted.

Individuals may be offered the ability to work against a garnishment by filing an Order to Show Cause. The sheriff or city marshal may then notify the OPA to stop distributions of the deductions. After filing, the court should review the order and has 90 days to make a decision. Depending on the case, garnishment may be rescinded and the prior deductions may be released to the employee. However, the employee should take steps to follow up on the that filing because if the 90-day period expires without a resolution, the OPA may restart the deductions.

The total amount garnished is made up of a number of components. The first element is the principal amount owed plus interest, which currently stands at 9 percent. A 5 percent fee for poundage and filling fees may also be included in the action.

The process of having a garnishment rescinded may be complicated and lengthy. Those who might seek contest the income execution might try to discuss their case with an attorney who is familiar with the child support garnishment process. Furthermore, if changes in a paying parent's financial status have made the current child support agreement too difficult to complete, the attorney might also attempt to seek a modification of the agreement, allowing the client to protect their interests while considering the best interests of the child in question.