Alimony/income deduction order

[ERICAFOERCH]

The final judgment of dissolution previously entered in this case ordered the husband to pay $5,000 a month in alimony. Since the entry of the final judgment, the fh's income has decreased. He has not been held in contempt as the judge says he does not have the ability to pay (temporary in nature). In the interim, former wife's counsel moved for entry of an i.d.o. For the alimony payments. The judge granted it and said the the former husband will not be required to pay the full $5,000 and that the state disbursement unit will recalculate the alimony amount to be deducted based on the former husband's current income. Is there some sort of chart the state relies upon that dictates the percentage the former husband will be paying since his income is reduced? Thank you for your help.

[Attorney Howard Iken]

There is a federal law limiting garnishment to 60% of take home (or less in some cases).


Other than that there is no hard formula for ability to pay.


See our webpage article for more info:


Garnishment Limits for Support and alimony