"Bob W" wrote in message
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"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.

Sort of.. Yes, it applies to federal employees, it also binds the states by
spelling out what they can and cannot do to garnish wages of the employee.

For example: Say you are an E3 in the military. Your monthly pay is,
before taxes, insurance and the like, all of, say: $1800. Your court order
says you need to pay $1200 in C$ taken from gross income. 5CFR 581 says no,
you must deduct state and federal tax, SS/Medicare, fines & forfeitures,
SGLI (insurance) and one or two other things -before- the garnishment can
happen.

The E3 in question also gets BAS (food $), another $260 and BAH (housing
allowance) (if overseas it would be COLA or OHA). 5CFR 581 says that these
are things that must be removed and are to be disregarded from the service
member's pay. What the court is left to work with is Base Pay (minus
deductions) and not a whole lot else.

Then there's the thing about 15USC 1673, which says the states can only take
50% (+5% for arrears) if you have a second family to support or up to 60%
(+5% for arrears) if you do not have a second family to support.

In the end, you have cause to file for a modification of C$ due to a change
of circumstances - especially if it was set when the person was a civilian
when the amount was set. And you're left with a little bit more to live on
then your civilian counterpart would be in the same situation.

I only wish it applied to everyone, not just civil servants.