How Much Can Legally Be Garnished From Disability Payments For Child Support?

[Miss_Cherokee]

I receive Social Security Disability Benefits. Recently, A child suppport order from Reno, Neveda has garnished my payments for 400.00 I receive 953.00 a month in disability payments. What is the amount legally that can be garnished from one's income for child support? How to I amend or dispute the amount taken out? I now live in Texas and the court case is in Reno,Neveda. I have a dependent (another child not on Neveda support case) that I support.How do I petition family court for Reno,Neveda when I live in Texas? Thank you for your much needed advice and information.

 

[irish223]

I receive Social Security Disability Benefits. Recently, A child suppport order from Reno, Neveda has garnished my payments for 400.00 I receive 953.00 a month in disability payments. What is the amount legally that can be garnished from one's income for child support? How to I amend or dispute the amount taken out? I now live in Texas and the court case is in Reno,Neveda. I have a dependent (another child not on Neveda support case) that I support.How do I petition family court for Reno,Neveda when I live in Texas? Thank you for your much needed advice and information.

Nevada follows the CCPA limits on withholding:

The withholding limits set by the federal CCPA are as follows:
50% Supports a second family, with no arrears or < 12 weeks in arrears
55% Supports a second family, and more than 12 weeks in arrears
60% Single, with no arrears or < 12 weeks in arrears
65% Single, and is more than 12 weeks in arrears.
(A second family means there are other dependents, a spouse and/or child, for which the employee-parent has responsibility. In arrears means there is past due, unpaid support owed by non-custodial parent.)

I think any (disposable) income, including disability income, is subject to withholding in Nevada. Since Nevada guidelines follow the Percentage of Income model, I assume that your monthly obligation includes arrears, or the child support order covers quite a few children. If neither is correct, then you probably have grounds to modify.

If you want to modify the order, you should retain an attorney in Nevada to represent you.

 

[Duranie]

Don't you get a SS benefit for the child on child support?