[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR581.402]

[Page 674-675]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 581_PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY
--Table of Contents
 
          Subpart D_Consumer Credit Protection Act Restrictions
 
Sec. 581.402  Maximum garnishment limitations.

    (a) Except as provided in paragraph (b) of this section, pursuant to 
section 1673(b)(2) (A) and (B) of title 15 of the United States Code 
(the Consumer Credit Protection Act, as amended), unless a lower maximum 
garnishment limitation is provided by applicable State or local law, the 
maximum part of the aggregate disposable earnings subject to garnishment 
to enforce any support order(s) shall not exceed:
    (1) Fifty percent of the obligor's aggregate disposable earnings for 
any workweek, where the obligor asserts by affidavit, or by other 
acceptable evidence, that he or she is supporting a spouse, a dependent 
child, or both, other than the former spouse, child, or both, for whose 
support such order is issued, except that an additional five percent 
will apply if it appears on the face of the legal process, or from other 
evidence submitted in accordance with Sec. 581.202(d), that such 
earnings are to enforce a support order for a period which is 12 weeks 
prior to that workweek. An obligor shall be considered to be supporting 
a spouse, dependent child, or both, only if the obligor provides over 
half of the support for a spouse, dependent child or both.
    (2) Sixty percent of the obligor's aggregate disposable earnings for 
any workweek, where the obligor fails to assert by affidavit or 
establishes by other acceptable evidence, that he or she is supporting a 
spouse, dependent child, or both, other than a former spouse, child, or 
both, with respect to whose support such order is issued, except that an 
additional five percent

[[Page 675]]

will apply if it appears on the face of the legal process, or from other 
evidence submitted in accordance with Sec. 581.202(d), that such 
earnings are to enforce a support order for a period which is 12 weeks 
prior to that workweek.
    (3) Where, under Sec. 581.302(a)(2), an obligor submits evidence 
that he or she is supporting a second spouse, child, or both a second 
spouse and dependent child, copies of the evidence shall be sent by the 
governmental entity to the garnishor, or the garnishor's representative, 
as well as to the court, or other authority as specified in Sec. 
581.102(f)(1), together with notification that the obligor's support 
claim will be honored. If the garnishor disagrees with the obligor's 
support claim, the garnishor should immediately refer the matter to the 
court, or other authority, for resolution.
    (b) In instances where an obligor is receiving remuneration from 
more than one governmental entity, an authority described in Sec. 
581.102(f)(1) may apply the limitations described in paragraph (a) of 
this section to the total remuneration, i.e., to the combined aggregate 
disposable earnings received by the obligor.

[63 FR 14759, Mar. 26, 1998]