15 U.S.C. § 1673 : US Code - Section 1673: Restriction on garnishment

Search 15 U.S.C. § 1673 : US Code - Section 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.