Does the number of dependents factor into a garnishment exemption?

When wages are being garnished there is a debt that is owed and the creditor is having the employer withhold part of the earnings and directly pay to the creditor. This allows the creditor to be guaranteed that the debt will be repaid on schedule as long as the debtor continues to earn an income. State legislators set guidelines as to the amount of the withholdings based on a percentage of the wages or earnings, not on the amount of the debt.

States will have different forms that are used to file a claim of exemption from a wage garnishment. This form will require information about the requirements of your budget and cost of living expenses, which will vary based on the number of dependents. Garnishment exemptions can also include other debts that you are repaying on a regular schedule. This information is typically documented in a comprehensive financial statement which will also need to be filed with the claim for exemption.

Since it is considered to be perjury to misrepresent, either accidentally or intentionally, any information on either the financial statement or the claim for exemption it is important to consult with an attorney prior to submitting the forms. Your attorney may also be able to help you list exemptions you may not have been aware you could claim, protecting your earnings and allowing you to continue to live within your budget.