Wage Garnishment Laws in the Military
If you are filing a wage garnishment against a member of the military or employee of the Department of Defense, or if you are a member of either of these branches and have had a wage garnishment filed against you, there are certain things you should know. According to the U.S. Department of Labor, wage garnishment “occurs when an employer is required to withhold [a portion of] the earnings of an individual for the payment of a debt in accordance with a court order or other legal or equitable procedure.”
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Whose Wages May be Garnished
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Military wage garnishment laws are applicable to all members of the military, whether they are active members, reserve members or retired. These laws are also applicable to all civilians employed by the United States Department of Defense.
Court Order Delivery
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The court order mandating the wage garnishment must be served to the Defense Finance and Accounting Service for a party to receive the ordered wage garnishment. The claim must be served to the following address: Defense Finance and Accounting Services--Cleveland, Attention: DFAS-HGA/CL, PO Box 998002, Cleveland OH 44199-8002. A copy of the court order must also be provided to the person whose wages are being garnished.
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Limits
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Wage garnishment is limited to 25 percent of the disposable weekly earnings of the person whose wages are being garnished, with the following exception: In the event that the wage garnishment leaves the person against whom it has been issued with weekly earnings that amount to less than 30 times the amount of the federal minimum hourly wage, then the amount of the wage garnishment must be reduced (e.g., the federal minimum hourly wage in February 2010 was $7.25. Thus, in February 2010 a person must be left with at least $217.50 of her weekly earnings after the wage garnishment).
Limit Exceptions
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If a court, acting in accordance with state or federal law, orders a wage garnishment exceeding the established wage garnish limits, the order will be enforced provided it is within the limitations listed under “Garnishments for Child/Spousal Support” and provided the person whose wages are being garnished is afforded all of his legal rights and the decision is reviewable by the judiciary. The limit can also be overridden if the garnishment is for the purpose of paying state or federal taxes.
Garnishments for Child/Spousal Support
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If the person on whom the wage garnishment is being imposed is supporting an additional spouse or child, then no more than 50 percent of her disposable weekly earnings may be garnished. If she is not supporting an additional child or spouse, then a maximum of 60 percent of her disposable weekly earnings may be garnished. If the wage garnishment is imposed to fulfill a child or spousal support order that is older than 3 months, then these limits are raised to 55 percent and 65 percent, respectively.
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References
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