[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: 45CFR32.9]



[Page 106]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 32_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  32.9  Financial hardship.



    (a) A debtor whose wages are subject to a withholding order may, at 

any time, request a review by the Department of the amount garnished, 

based on materially changed circumstances such as disability, divorce, 

or catastrophic illness which result in financial hardship.

    (b) A debtor requesting such a review under paragraph (a) of this 

section shall submit the basis for claiming that the current amount of 

garnishment results in a financial hardship to the debtor, along with 

supporting documentation. The Secretary shall consider any information 

submitted in accordance with this part.

    (c) If a financial hardship is found, the Secretary shall downwardly 

adjust, by an amount and for a period of time established by the 

Secretary, the amount garnished to reflect the debtor's financial 

condition. The Secretary will notify the employer of any adjustments to 

the amount to be withheld.