Garnishment question

PHS09

I'm a little confused on a garnishment issue.  I have an employee who has three child support orders and I now have recieved a tax levy for them.  When processing the cs I can only deduct 55% of the disposal income but after they are processed I have a tax levy that says I can take about $50 above that for the levy.  I'm pretty sure that is ok to take the additional amount even though it then reducing the disposable income max.  This is ok, right?  Anyone have similar issues? 

The other issue is when the employee does not have enough disposable income to take the full cs (per the % limits) can I send money out for the levy? 

NYGiants

what state are  you in?

PHS09

I'm in VA but the employe resides and works out of MA.  The CS order are from Ohio, WV and NH.

NYGiants

geez - sounds complicated. In MA, the maximum amount that may be garnished for support is 50 percent of disposable earnings if the employee is already supporting a spouse or dependent child, and 60 percent of disposable earnings if not. If the person is in arrears, the amount to be withheld will be increased by 25 percent to coverage the arrearage. MA law says that  "disposable earnings" are the earnings remaining after legal deductions such as Social Security and taxes are taken out.

TXHRGuy

Is the tax levy state or federal?

PHS09

It's federal.   Looks like it is going to a mute issue for a while.  I got the necessary forms back from the employee and the remaining paycheck amoung (after taking out for the CS) is actually all exempt from the levy.

 Yeah, it definitely is complicated.  and playing around with the prorating the orders when the employee does have enough funds is a bear too!