"Dusty" wrote in message
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"Bob W" wrote in message
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"Dusty" wrote in message
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OK boys and girls, here's today's question..

What is the law that allows states to garnish wages or otherwise
snatch-up your cash and make life hell for you? (OK, this isn't the
real question, but I gotta start somewhere..)

Any one?
Any one?

OK, it's 42 USC section 666 (a very aptly numbered statute I must
admit). It's part of the Social Security updates that came out a few
years back. Now for the real question..

What's the implementing regulation? You know, the law that gives 42
it's teeth.

Here's a hint.. you won't find it in 42USC. Hell, it's not even in the
USC-book! (ha!)

I am unsure why you are asking this question. Are you seeking the answer
or just trying to figure out if anyone else knows what you already know?

42 USC 666(b)(3)(A) authorizes withholding of CS from wages, unemployment
compensation, and workers compensation.

45 CFR 303.100(b) authorizes immediate withholding and the procedures to
be followed.

15 USC 1673(b) sets the withholding limits consistent with the Consumer
Credit Protection Act.

Quite true, Bob. But none of the answers above is the one that adds the
"teeth" to 42, 666. Unfortunately, the courts only use the first of 4
sections of this regulation and ignore the rest. Which is unfortunate for
NCP's because there's a major leash attached to 42, 666... Title 5 CFR,
section 581.

The section every state loves to jump on is 581.103. 103 says what monies
can be used to get an NCP's cash from. The list is fairly extensive, too.
Here's the leash to 42, 666 - 5CFR sections 581.104 and 105! They have
got to be the single most ignored sections of law ever seen. Here's why -
104 covers money NOT subject to garnishment and 105 covers money that is
EXCLUDED from garnishment.

So, in effect, if your state says it uses something called "gross income",
guess what? No, they can't.

Unfortunately, there is a catch to it though.. you must be an employee of
the Federal government, or in the military.

Check it out: http://www.gpoaccess.gov/index.html

5 C.F.R. PART 581-PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR
ALIMONY

I must be missing your point. As I read it 5 CFR 581 includes the federal
government's procedures for handling garnishment orders received which apply
to federal civil servants. I don't understand where the states would have
any reason to use the federal government's internal personnel procedures.
If anything, 5 CFR 581 basically outlines how federal civil service
employees will be subjected to state court garnishments.