Maryland Divorce: Can My Spouse Garnish My Wages for Child Support?

In Maryland divorce cases, if minor children are involved, the Maryland divorce court will issue an award of child support. For decades now in Maryland, a wage garnishment order is issued as part of a divorce. So, to answer whether your spouse can garnish your wages for child support, the answer is “yes” and “it is automatic” as part of finalizing your divorce. Of course, technically — and to be legally precise — your spouse cannot garnish your wages, but the Maryland divorce court can (and, as noted, wage garnishment is automatically included as part of the final divorce order). Note also that additional wage garnishments can be ordered if you fall behind on your child support obligations if, for example, you lose your job and there are — for a while — no wages to garnish. If you have questions about Maryland wage garnishments for child support, call us here at the Law Office of Robert Castro at (301)870-1200. We are divorce attorneys in Waldorf, Maryland. Here is some additional information on Maryland child support wage garnishments.

How Much Can be Garnished as Part of the Divorce?

The Maryland divorce court will order wage or earning withholdings in the amount of your child support payments. Thus, if you are ordered to pay $500 a month in child support, then an order will be issued directing your employer to withhold $500 from your wages each month.

How Much Can be Garnished if Child Support Payments are Behind?

If child support payments are behind, there are different rules. Depending on the factors, up to 65% of your after-tax wages can be garnished by a Maryland divorce court. The two key factors are whether child support payments are in arrears by more than 12 weeks — that is, payments are behind by 12 weeks or more. The other factor is whether the person paying child support has another dependent — like a child — who is being supported. If the child support is more than 12 weeks behind and the person paying is not supporting another dependent, then 65% of their wages is the maximum that can be garnished. If payments are less than 12 weeks behind and they are NOT supporting another dependant, then only 60% of their after-tax wages can be garnished. If they are less than 12 weeks behind and ARE supporting a dependent, the maximum amount of wages that can be garnished is 50%.

What About Bank Accounts?

Yes, under Maryland divorce law, bank and other financial accounts can be frozen — a form of garnishment — to pay for child support obligations that are in arrears. A Maryland court must order this, so, again, your spouse cannot seize money in a bank or financial account.

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 and considered among the best divorce lawyers in Charles County MD. Our address is: