Garnishments

Cat · May 2001

I have an employee who had a child support garnishment. This week I received an additional child support garnishment for this employee. I know that in LA you can take 50% of an employees wages for child garnishment, but don't I have to leave him 30 X min. wage ($154.50 weekly net)The amount to deduct exceeds this amount. Thanks in advance.

dhnyct · May 2001

I don't get a lot of garnishments, but I understand there are limits for multiple claims. Not sure whether it's first come first serve, or if some are higher priority over others.

Cat · May 2001

Does an employee have to receive $154.50 a week, or does a child support garmishment take precident? If anyone knows, please respond. Thanks!!

System · May 2001

Cat,

I'm doing a little research on this, but haven't come across the 30 x minimum wage requirement yet. I'll contact our LA attorney and see if he knows anything about it.

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

System · May 2001

Here we go. Below is Mark's response:

Christy:

Both state and federal law interplay. The 30 times min. wage rule
is a federal law (incorporated explicitly in the state statute), but it
creates exceptions to the rule when the garnishment is for child support or
spousal support. Thus, you look to state law for those answers. Below is
an excerpt from our explanation to garnishment clients. The La. is 13:3881.

"When wages are garnished for spousal and child support, the
withholding limits are different. If the garnishment is for child support,
you should withhold up to 50% of the employee's disposable earnings,
depending upon the actual amount set forth in the court's order. If the
garnishment is for spousal support, you should withhold up to 40% of the
disposable earnings, depending upon the actual amount set forth in the
court's order. These deductions are not subject to any limitation by the
minimum hourly wage provisions."

Hope this helps.

H. Mark Adams
Attorney Editor
Louisiana Employment Law Letter
[url]http://www.hrhero.com/laemp.shtml[/url]

Cat · May 2001

Thank you so much for your help!!!

Cat · June 2001

Mr. Adams, thanks so much for your reply. I looked up the statute, and the first sentence says ...but in no case shall exemption be less than an amount in disposable earnings which is equal to 30 times the fed. minimum hourly wage....
I know it goes on to say child support is 50%, but the above sentence would not apply to this? I appreciate your help.

jrobb · July 2001

Cat,

I checked with Mark regarding your followup question. Here's his reply:

"As mentioned in the original reply, the 30 times min. wage limitation does NOT
apply to child support. Child support withholdings may be up to 50% of
disposable earnings, regardless of whether the employee is left with 30
times the min. wage for a week."

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

no1son · July 2001

As far as multiple garnishments (none for child support), do I have guidelines on compounded amounts or priority?? These could leave the employee without a check. Thanks..

no1son · July 2001

[font size="1" color="#FF0000"]LAST EDITED ON 07-27-01 AT 10:06AM (CST)[/font][p]OKLAHOMA EMPLOYMENT LAW LETTER, VOL 7, NO. 5 by Angela M. Knight, has all the answers, plus the potential penalties for withholding incorrect amounts from the employees wages. Check it out!

TBHRPRO · July 2001

What about two child support garnishments, and then a bankruptcy garnishment following the two child supports? Would the 50% rule apply to the bankruptcy, and would you include in the 50% the child support as well as the garnishment? We live in Tennessee. Any information would be appreciated.

Garnishments

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