[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR34.20]



[Page 92-93]

 

                           TITLE 34--EDUCATION

 

PART 34_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  34.20  Amount to be withheld under multiple garnishment orders.



    If a debtor's pay is subject to several garnishment orders, the 

employer must comply with our garnishment order as follows:

    (a) Unless other Federal law requires a different priority, the 

employer must pay us the amount calculated under Sec.  34.19(b) before 

the employer complies with any later garnishment orders, except a family 

support withholding order.

    (b) If an employer is withholding from a debtor's pay based on a 

garnishment order served on the employer before our order, or if a 

withholding order for family support is served on an employer at any 

time, the employer must comply with our garnishment order by withholding 

an amount that is the smaller of--

    (1) The amount calculated under Sec.  34.19(b); or

    (2) An amount equal to 25 percent of the debtor's disposable pay 

less the amount or amounts withheld under the garnishment order or 

orders with priority over our order.



[[Page 93]]



    (c)(1) If a debtor owes more than one debt arising from a program we 

administer, we may issue multiple garnishment orders.

    (2) The total amount withheld from the debtor's pay for orders we 

issue under paragraph (c)(1) of this section does not exceed the amounts 

specified in the orders, the amount specified in Sec.  34.19(b)(2), or 

15 percent of the debtor's disposable pay, whichever is smallest.

    (d) An employer may withhold and pay an amount greater than that 

amount in paragraphs (b) and (c) of this section if the debtor gives the 

employer written consent.



(Authority: 31 U.S.C. 3720D)