100% of Unemployment Insurance Garnished

[lisamck1105]

It is in fact my Unemployment that is being garnished not a bank account. The law clearly states that no more than 65% may be garnished for child support and that is only if you are not supporting a spouse or other children, otherwise it is only 55%. I have just found out that it is NJ child support enforcement garnishing at the same time that NY child support enforcement is garnishing for the same order. It was sent to NY for enforcement when I moved here in 2001. It is now a title IV-D case and I am sure there must be some law against NJ continuing to garnish once it was accepted by NY for enforcement. Since both are garnishing for the same order but different case numbers (each using their own assigned case number) unemployment allows both to continue garnishing just because both are for child support and no effort went into questioning why 100% was being taken thus violating many of my rights.

[Mr. Knowitall]

You seem to be changing the story every time you get an answer you don't like, or dropping in new details that change the relevant laws and analysis with each new post, which makes it both frustrating and effectively impossible to address your inquiry. In any event, you've already told us that you have a lawyer helping you, so you should really be getting guidance from your lawyer.

But at this point it sounds like I was right the first time - you need to seek relief from your child support orders based upon your changed circumstances.

[divemedic]

It is in fact my Unemployment that is being garnished not a bank account. The law clearly states that no more than 65% may be garnished for child support and that is only if you are not supporting a spouse or other children, otherwise it is only 55%.

Except that the law ALSO clearly states that the 65% limit "DOES NOT APPLY WHEN THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES OR MUNICIPAL CORPORATIONS IS THE JUDGMENT CREDITOR, OR IF THE DEBT ENFORCED IS FOR CHILD SUPPORT, SPOUSAL SUPPORT, MAINTENANCE OR ALIMONY"

You just cannot pick and choose the parts of the law you like and ignore the rest.

[lisamck1105]

That is not true. The law specifies 65% is the max that can be withheld for child support. For any other withholding for a debt it is only 25% and these limits are for disposable income only (after taxes). Please reread the garnishment law and unemployment laws again before jumping to conclusions. In my first post I tried to keep the details to a minimum and post only the relevant facts but I can see that no one on here is even remotely aware of the laws and are only answering with their opinon and feelings not facts of law. I will not be wasting anymore of my time here, if anyone wants real answers regarding child support or garnishments do not look here.

[divemedic]

and yet I posted a link to the actual law in question, which states that the state is exempt, as also evidenced by the fact that they ARE taking 100% of your money.

[Xena]

That is not true. The law specifies 65% is the max that can be withheld for child support. For any other withholding for a debt it is only 25% and these limits are for disposable income only (after taxes). Please reread the garnishment law and unemployment laws again before jumping to conclusions. In my first post I tried to keep the details to a minimum and post only the relevant facts but I can see that no one on here is even remotely aware of the laws and are only answering with their opinon and feelings not facts of law. I will not be wasting anymore of my time here, if anyone wants real answers regarding child support or garnishments do not look here.

The law that you are looking at, The Consumer Credit Protection Act is NOT the law you need.

Most states have laws regarding unemployment benefits, and in most states those laws have provisions stating what the max garnishment from UNEMPLOYMENT benefits is. For instance, in FL no more than 40% can be garnished from unemployment benefits. However, you are in NY, now I could look up the law for you and post a link, but since you are so argumentitive, I won't spend the time to look it up for you.
Google your state's laws and look it up to see what NY's limit is.