§ 1673. Restriction on garnishment
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/usc/title-15/section-1673A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Maximum allowable garnishment Except as provided in subsection
(b)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)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.
(Pub. L. 90–321, title III, § 303, May 29, 1968, 82 Stat. 163; Pub. L. 95–30, title V, § 501(e)(1)–(3), May 23, 1977, 91 Stat. 161, 162; Pub. L. 95–598, title III, § 312(a), Nov. 6, 1978, 92 Stat. 2676.)
Connections140 cite this · traces to 3
Cited by 140 sections · top 60
U.S. Code
- § 666Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
- § 1056Form and payment of benefits
- § 5520aGarnishment of pay
- § 665Allotments from pay for child and spousal support owed by members of uniformed services on active duty
- § 3613Civil remedies for satisfaction of an unpaid fine
- § 1675Exemption for State-regulated garnishments
- § 3002Definitions
- § 3003Rules of construction
CFR
- § 285.11Administrative wage garnishment.
- § 655.731What is the first LCA requirement, regarding wages?
- § 682.410Fiscal, administrative, and enforcement requirements.
- § 140.11What type of debt is subject to administrative wage garnishment, and how can SBA administratively garnish your pay?
- § 15.24Policy.
- § 422.833Administrative wage garnishment for administrative debts.
- § 313.95Amounts withheld.
- § 204.65Wage garnishment order.
- § 20.209Amounts withheld.
- § 4903.13How will PBGC offset a Federal employee's salary to collect a debt owed to PBGC?
- § 1208.75Amounts withheld.
- § 34.7Consideration of objection to the rate or amount of withholding.
statute-compilations
- Sec. 465ALLOTMENTS FROM PAY FOR CHILD AND SPOUSAL SUPPORT OWED BY MEMBERS OF THE UNIFORMED SERVICES ON ACTIVE DUTY
- Sec. 303Restriction on garnishment
- Sec. 466REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT
- Sec. 465ALLOTMENTS FROM PAY FOR CHILD AND SPOUSAL SUPPORT OWED BY MEMBERS OF THE UNIFORMED SERVICES ON ACTIVE DUTY
- Sec. 466REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT
register
- Proposed RulesFinal regulations
- Rules and RegulationsDirect final rule
- NoticesOffice of Child Support Enforcement, Administration for Children and Families, HHS. ACTION Final rule
- Rules and RegulationsInterim final rule; request for comments
- Proposed RulesProposed rules
- UnknownInterim final rule with request for public comment
- Proposed RulesJoint notice of proposed rulemaking
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- NoticesFinal rule
- Rules and RegulationsNotice of Transmittal amending OMB Circular No
- NoticesRequest for information
- Rules and RegulationsNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- NoticesProposed rule
- Rules and RegulationsInterim final rule with request for comments
- Rules and RegulationsFinal rule
- Presidential DocumentsFinal rule
- NoticesInterim final rule
- NoticesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- Proposed RulesNotice of proposed rulemaking with request for comment
- NoticesFinal rule
- NoticesFinal regulations
- Proposed RulesFinal rule
- Proposed RulesProposed rule; request for comments
- NoticesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- NoticesProposed rule
statutes-at-large
- Public Law 95–598To establish a uniform Law on the Subject of Bankruptcies
- Public Law 101–647To control crime
- Public Law 104–132To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes
- Public Law 98–378To amend part D of title IV of the Social Security Act to assure, through mandatory income withholding, incentive payments to States, and other improvements in the child support enforcement program, that all children in the United States who are in need of assistance in securing financial support fr
- Public Law 95–30To reduce individual and business income taxes and to provide tax simplification and reform
Traces to 3 documents
12 references not yet in our index
- Pub. L. 90–321, title III, § 303
- 82 Stat. 163
- Pub. L. 95–30, title V, § 501(e)(1)
- 91 Stat. 161
- Pub. L. 95–598, title III, § 312(a)
- 92 Stat. 2676
- Pub. L. 95–598
- Pub. L. 95–30, § 501(e)(1)
- Pub. L. 95–30, § 501(e)(3)
- section 402(a) of Pub. L. 95–598
- Pub. L. 95–30, title V, § 501(e)(5)
- 91 Stat. 162
Citation graph
cites case law
§ 1673
Restriction on garnishment
Fed. Reg.×85
C.F.R.×22
Stat.×9
U.S.C.×9
Bills×7
Stat. Comp.×7
IRM×1
Pub. L.Pub. L. 90–321, title III, § 303
Stat.82 Stat. 163
Pub. L.Pub. L. 95–30, title V, § 501(e)(1)
Stat.91 Stat. 161
Pub. L.Pub. L. 95–598, title III, § 312(a)
Cites 15 · showing 8Cited by 140 across 7 sources