A RI child support lawyer explains the law of child support garnishment limits. Title 15, Sections 1672 and 1673 of the U.S. Code sets 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.
How much disposable income may be garnished for child support?
- If a child support obligor provides support to another dependent child or is supporting a spouse then the maximum percentage of disposable income that may be garnished is 50 percent.
- If a child support obligor is more than 12 weeks behind on child support, then 55 percent of disposable earnings may be garnished.
What if a non custodial parent is not supporting another child?
- In the event that a non custodial parent is not supporting another dependent child or spouse then 60 percent of disposable earnings is the most that can be garnished.
- If a non custodial parent (obligor) is not providing support to a dependent child or a spouse and is 12 weeks or more in arrears in child support then only 65 percent of “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]."
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.