[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR32.8]



[Page 105-106]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 32_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  32.8  Amounts withheld.



    (a) After receipt of a withholding order issued under this part, the 

employer shall deduct from all disposable pay paid to the debtor during 

each pay period the amount of garnishment described in paragraph (b) of 

this section. The employer may use the SF-329C ``Wage Garnishment 

Worksheet'' to calculate the amount to be deducted from the debtor's 

disposable pay.

    (b) Subject to paragraphs (c) and (d) of this section, the amount of 

garnishment shall be the lesser of:

    (1) The amount indicated on the garnishment order up to 15% of the 

debtor's disposable pay; or

    (2) The amount set forth in 15 U.S.C. 1673(a)(2) (Maximum allowable 

garnishment). The amount set forth at 15 U.S.C. 1673(a)(2) is the amount 

by which a debtor's disposable pay exceeds an amount equivalent to 

thirty times the minimum wage. See 29 CFR 870.10.



[[Page 106]]



    (c)(1) Except as provided in paragraph (c)(2) of this section, when 

a debtor's pay is subject to multiple withholding orders, unless 

otherwise provided by Federal law, withholding orders issued pursuant to 

this part shall have priority over other withholding orders that are 

served later in time.

    (2) Notwithstanding the foregoing, withholding orders for family 

support shall have priority over withholding orders issued under this 

part.

    (3) If amounts are being withheld from a debtor's pay pursuant to a 

withholding order served on an employer before a withholding order 

issued pursuant to this part, or if a withholding order for family 

support is served on an employer at any time, the amounts withheld 

pursuant to a withholding order issued under this part shall be the 

lesser of:

    (i) The amount calculated under paragraph (b) of this section, or

    (ii) An amount equal to 25% of the debtor's disposable pay less the 

amount(s) withheld under the withholding order(s) with priority.

    (d) If the debtor owes more than one debt to the Department, the 

Secretary may issue multiple withholding orders provided that the total 

amount garnished from the debtor's pay for such orders does not exceed 

the amount set forth in paragraph (b) of this section.

    (e) An amount greater than that set forth in paragraphs (b) or (c) 

of this section may be withheld upon the written consent of the debtor.

    (f) The employer shall promptly pay to the Department all amounts 

withheld in accordance with the withholding order issued pursuant to 

this part.

    (g) The employer is not required to vary its normal pay and 

disbursement cycles in order to comply with the withholding order.

    (h) Any assignment or allotment by an employee shall be void to the 

extent it interferes with or prohibits execution of the withholding 

order issued under this part, except for any assignment or allotment 

made pursuant to a family support judgment or order.

    (i) The employer shall withhold the appropriate amount from the 

debtor's wages for each pay period until the employer receives 

notification from the Secretary to discontinue wage withholding.

    (j) The withholding order, SF-329B ``Wage Garnishment Order,'' sent 

to the employer under Sec.  32.6, requires the employer to commence wage 

withholding on the first pay day after the employer receives the order. 

However, if the first pay day is within 10 days after receipt of the 

order, the employer may begin deductions on the second pay day.

    (k) An employer may not discharge, refuse to employ, or take 

disciplinary action against any debtor as a result of the issuance of a 

withholding order under this part.



[68 FR 15093, Mar. 28, 2003; 68 FR 24052, May 6, 2003]