My wages were garnished last year. At that time I filed a modification and went to court and agreed to pay a certain amount every month. Well now my wife is out of work. Is there any way I can modify this agreement to a lower amount to come out of my check?
Federal Regulation Law Attorney
If your financial situation has changed, you can ask for another modification by filling out an Exemption and Modification Claim Form, and filing it with the Court. A copy of the form is available on the judicial website here: http://www.jud.ct.gov/webforms/forms/cv003a.pdf Be sure to fill out "Section VI - Claim for modification" on page 2 of the form, in addition to the information requested on page 1.
In Connecticut, Creditors may garnish up to 25 twenty-five percent of your disposable earnings for that pay period or (2) the difference between your wages and 40 times the higher of either the minimum federal hourly wage or the state minimum wage.
If the court determines that the garnishment amount is still within those limitations, your modification request may not be granted. However, if your income is completely responsible for all of the household expenses at this time, it is likely that the amount of your "disposable income" has significantly decreased. Good luck!
Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver.
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Administrative Law Lawyer
The prior Atty. has stated your rights clearly, However, the only thing I can add is that it might work to your benefit to first send a letter to the creditor's attorney explaining fully what and why you will be asking for this modification of X amount. If you can convince him, then when you apply to the court for the modification of the prior order, he will not appose it and it could be granted by agreement, allowing both of you to avoid a morning in court.