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Federal Requirements for Withholding for Ordinary Garnishment and Support

OnDemand Webinar (89 minutes)

Failure to follow garnishment laws can be very costly for employers - make sure you are in compliance.

Employers are responsible for correctly handling every type of garnishment (wage attachment) received by their organization. This topic is limited to following federal laws and regulations as they relate to ordinary garnishment and support such as creditor garnishment, student loans, nontax federal garnishments and support. Employers must integrate laws that identify requirements for withholding when there are more than one type of debts or more than one debt for the same type of debt. Federal laws such as the Consumer Credit Protect Act (CCPA) are the umbrella providing basic protections to the employee. Other federal and state laws expand on basic requirements. Many of those laws are carried through to state laws, but sometimes state laws may not be in sync. It is the employers' responsibility to understand which is correct. Businesses are finding the total number of debts they process are increasing, even though creditor garnishment is decreasing slightly. The number of Federal agencies that use the Debt Collection Improvement Act to implement nontax garnishments increases each year. Employers now collect 75% of all support collected in the U.S. More states use garnishment to collect for overpayments of state issued benefits such as unemployment insurance. Failing to follow the law can be costly to the employer.

Authors

Amorette Nelson Bryant, ABryant Consulting

Agenda

Consumer Credit Protection Act

• Type of Garnishment

- Ordinary Garnishment

- Support

• Definitions/Requirements

- Earnings

- Disposable Earnings

- Withholding Limit(s)

- Protection From Termination of Employment

Significant Federal Laws Involving Ordinary Garnishment

• Higher Education Act

• Debt Collection Improvement Act

Significant Federal Laws Involving Support

• Child Support Enforcement Amendments of 1984

• Family Support Act of 1988

• Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)

- Uniform Interstate Family Support Act (UIFSA) 1996 Updated 2008

Examples Demonstrating Federal Requirements

• Single Credtor Debt Garnishment

• Multiple Debts Involving Ordinary Garnishment Types

• Multiple Debts for Support

• Support and Student Loan