Garnish Unemployment Compensation
Question Details: Hi, My ex-husband has been unemployed for about 8 months now. He collects unemployment compensation from the state of Alabama. He only pays $100 of the court ordered $850 a month. $100 a month is not enough for 2 children and on my meager income. He filed Chap 13 in Feb09 agaist ~$6000 of back child support. DHR has filed to garnish his Unemployment to start having all the arrears Child Support paid back..... What percentage could be garnished? Can the arrears amount filed in the bankruptcy be included? Are the other measure to make him pay?
Up to 25% of income may be garnished in AL. Note that since the absolute max he could be getting in AL from unemployment is around $1,020 per month, equivalent to around $12k/year, $100 per month may be all he can pay--remember, he does still need a roof over his own head, food, utilities, etc. If you believe he has other income or assets that's a different story, but if this is all he has, bear in mind that he still needs to be able to live himself, and could possibly go back to court to adjust the payments based on his demonstrated ability to pay.