Yes. Under Maryland divorce law, wages and other earnings can be garnished by Maryland divorce courts to pay alimony. This is also true for child support payments and the rules are essentially the same for alimony and for child support. If you need help obtaining a wage garnishment for unpaid alimony, need legal assistance if you are facing a potential garnishment or if you have questions about Maryland wage garnishments for alimony, call us here at the Law Office of Robert Castro at (301)870-1200. We are divorce attorneys in Waldorf, Maryland providing legal services for cities and counties in Southern Maryland. Here is some general information on Maryland garnishments and Maryland alimony.

What is Garnishment?

Garnishment is the general legal term for having monies withheld from a pay or other benefit check. Garnishment is accomplished by obtaining a judicial order called a “Withholding Order” from a Charles County, Maryland divorce court. This Withholding Order is then sent to the person’s employer requiring that amounts be withheld from the person’s paycheck. The amount to be withheld is generally specified as an exact amount. In addition, Maryland employers can deduct an additional $2 per withholding as what might be called an “administrative fee.”

Mandatory Garnishment for Alimony

Please be aware that Maryland has a mandatory withholding statute for alimony (and child support) payments. This means that, when a Maryland divorce is finalized, the Maryland divorce court will automatically order the withholding of alimony payments from the “obligor’s” employer. However, if the obligor loses his or her job, then an additional (or new) Withholding Order can be sought with respect to a new employer or other sources of income.

What Else Can be Garnished?

Under Maryland divorce law, wages and earnings can be garnished. In addition, pension and annuity payments can be garnished along with unemployment insurance, social security and workers compensation payments. See Md. Fam. Law Code, §10-101.

What is the Process?

As briefly described here, the process involves requesting a Withholding Order from the relevant Maryland circuit court. That is, your wages and other income CANNOT be garnished without a court Withholding Order. In general terms, the request must be in writing and filed with the Court. A copy of the request MUST be sent to the person whose wages/income will be garnished. In other words, if your wages/income will be garnished, you will receive advance notice and you will have an opportunity to respond to the request for a Withholding Order. One possible response is to demonstrate that you do not own alimony or back alimony. It may also be possible to claim that certain income is exempt — in whole or part — from garnishment.

How Much Can be Garnished?

For alimony, between 50-55% of your wages can be garnished depending on whether you are behind in payments and whether you have another spouse. The amount garnished is based on after-tax earnings.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland family law and divorce lawyer at (301)870-1200. We are Waldorf, MD Divorce lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.