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Is it 25% of the total in garnishment?

Date: Mon, 04/23/2007 - 08:35

Submitted by anonymous
on Mon, 04/23/2007 - 08:35

Posts: 202330 Credits: [Donate]

Total Replies: 4

Is it 25% of the total in garnishment?


I have a quick question. My wages are currently being garnished for a defaulted student loan. I have never been able to figure out the amount that is being deducted, meaning what % of my wages. I thought it was 25% total. Is this 25% of my total montly wages (I get paid biweekely) or 25% of each paycheck.

Thanks!


Quote:

A student loan garnishment is federally mandated at 15%. This is 15% of your disposable income, which is after taxes, insurance, 401k, profit sharing, and any other voluntary deductions.



According to the DOE manual for employers, disposable pay does NOT include voluntary deducations. Profit sharing and 401k do not count. Deductions to calculate disposable income includes all taxes, medical insurance, FICA, and involunatary retirement deductions.


lrhall41

Submitted by SOAPLADY on Tue, 04/24/2007 - 12:38

( Posts: 17315 | Credits: )


http://www.ed.gov/offices/OSFAP/DCS/Employers_Handbook.pdf

This is US Deptarment of Ed Employers Handbook. Computation is on page 19. Your employer cand be held liable for being out of compliance. (page 10) By calculating in profit sharing and 401K, you are shorting the garnishment order. There is no variation state to state on a Federal order.

[quote]Federal law provides that the employer is liable for any amount that should have been withheld pursuant to an Order, and authorizes the United States to the employer to recover the amount not withheld, together with attorney????????s fees, costs and, in the court????????s discretion, punitive damages. 31 U.S.C. ???? 3720D(f)(2). Federal law further bars an employer from discharging, refusing to employ, or taking disciplinary action against an individual on the ground that the individual is subject to garnishment by ED. 31 U.S.C. ???? 3720D(e)(1). The law authorizes an individual subject to such action by an employer to sue the employer and, if he or she prevails, recover attorney????????[/quote]


lrhall41

Submitted by SOAPLADY on Tue, 04/24/2007 - 16:47

( Posts: 17315 | Credits: )