34 CFR 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:
Terms Used In 34 CFR 34.20
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(a) Unless other Federal law requires a different priority, the employer must pay us the amount calculated under § 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 § 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.
(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 § 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.