Maximum child support garnishment amount in RI under federal law

Title 15, Sections 1672  and 1673 of the U.S. Code set forth certain exemptions to state Child Support Garnishment. The Rhode Island Family Court may only Garnish “Disposable earnings”. Section 1672 defines “disposable income” as earnings after State, Federal and Local Tax.

Providence Family Court child support ttorney

Rhode Island child support law

How much disposable income may be garnished for child support?

If you are providing support  to another dependent child or are supporting a spouse than the maximum percentage of disposable income that may be garnished is 50 percent. If you are more than 12 weeks behind on your child support then 55 percent of your disposable earnings may be garnished.

What if you are supporting another child?

In the event that you are not supporting another dependent child or spouse then 60 percent of disposable earnings is the most that can be garnished. If you are not providing support to a dependent child or a spouse and you are 12 weeks or more in arrears in your child support then only 65 percent of your “disposable income may be garnished”

Federal law: Title 15, Sections 1672 

Sec. 1672. Definitions

      For the purposes of this subchapter:
      (a) The term "earnings" means compensation paid or payable for
    personal services, whether denominated as wages, salary,
    commission, bonus, or otherwise, and includes periodic payments
    pursuant to a pension or retirement program.
      (b) The term "disposable earnings" means that part of the
    earnings of any individual remaining after the deduction from those
    earnings of any amounts required by law to be withheld.
      (c) The term "garnishment" means any legal or equitable procedure
    through which the earnings of any individual are required to be
    withheld for payment of any debt.
Sec. 1673. Restriction on garnishment
    (a) Maximum allowable garnishment
      Except as provided in subsection (b) of this section and in
    section 1675 of this title, the maximum part of the aggregate
    disposable earnings of an individual for any workweek which is
    subjected to garnishment may not exceed
        (1) 25 per centum of his disposable earnings for that week, or
        (2) the amount by which his disposable earnings for that week
      exceed thirty times the Federal minimum hourly wage prescribed by
      section 206(a)(1) of title 29 in effect at the time the earnings
      are payable,
    whichever is less. In the case of earnings for any pay period other
    than a week, the Secretary of Labor shall by regulation prescribe a
    multiple of the Federal minimum hourly wage equivalent in effect to
    that set forth in paragraph (2).
    (b) Exceptions
      (1) The restrictions of subsection (a) of this section do not
    apply in the case of
        (A) any order for the support of any person issued by a court
      of competent jurisdiction or in accordance with an administrative
      procedure, which is established by State law, which affords
      substantial due process, and which is subject to judicial review.
        (B) any order of any court of the United States having
      jurisdiction over cases under chapter 13 of title 11.
        (C) any debt due for any State or Federal tax.
      (2) The maximum part of the aggregate disposable earnings of an
    individual for any workweek which is subject to garnishment to
    enforce any order for the support of any person shall not exceed -
        (A) where such individual is supporting his spouse or dependent
      child (other than a spouse or child with respect to whose support
      such order is used), 50 per centum of such individual's
      disposable earnings for that week; and
        (B) where such individual is not supporting such a spouse or
      dependent child described in clause (A), 60 per centum of such
      individual's disposable earnings for that week;
    except that, with respect to the disposable earnings of any
    individual for any workweek, the 50 per centum specified in clause
    (A) shall be deemed to be 55 per centum and the 60 per centum
    specified in clause (B) shall be deemed to be 65 per centum, if and
    to the extent that such earnings are subject to garnishment to
    enforce a support order with respect to a period which is prior to
    the twelve-week period which ends with the beginning of such
    workweek.
    (c) Execution or enforcement of garnishment order or process
      prohibited
      No court of the United States or any State, and no State (or
    officer or agency thereof), may make, execute, or enforce any order
    or process in violation of this section.

                                AMENDMENTS
      1978 - Subsec. (b)(1)(B). Pub. L. 95-598 substituted "court of
    the United States having jurisdiction over cases under chapter 13
    of title 11" for "court of bankruptcy under chapter XIII of the
    Bankruptcy Act".
      1977 - Subsec. (b). Pub. L. 95-30, Sec. 501(e)(1), (2),
    designated existing provisions as par. (1) and existing pars. (1),
    (2), and (3) as subpars. (A), (B), and (C) thereof, substituted
    "for the support of any person issued by a court of competent
    jurisdiction or in accordance with an administrative procedure,
    which is established by State law, which affords substantial due
    process, and which is subject to judicial review" for "of any court
    for the support of any person" in subpar. (A) as so redesignated,
    and added par. (2).
      Subsec. (c). Pub. L. 95-30, Sec. 501(e)(3), inserted ", and no
    State (or officer or agency thereof)," after "or any State".
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.
                     EFFECTIVE DATE OF 1977 AMENDMENT
      Section 501(e)(5) of Pub. L. 95-30 provided that: "The amendments
    made by this subsection [amending this section and section 1675 of
    this title] shall take effect on the first day of the first
    calendar month which begins after the date of enactment of this Act
    [May 23, 1977]."

 

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