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Training For North Dakota Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt.

The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

With regard to child support garnishments, all states are required to use the "Order/Notice To Withhold Income For Child Support" notice for Child Support. This notice is designed to provide employers with key information so that they do not have to decipher unfamiliar orders/notices from different states. Click here for details on this notice, including steps to process this notice.

Employers should note that they cannot contest the income-withholding order; however, the employer should contact the issuing agency if unable to implement the withholding either because the individual named in the order is not an employee or a withholding is already in place for the child and employee. Additionally, employers should note that states often have varying garnishment rules, so they should be sure to know the payroll wage garnishments rules for the state(s) in which it does business.

North Dakota Wage Garnishment Rules

Except for a child or spousal support order, bankruptcy order, or tax levy, the maximum that employers can withhold is the lesser of?25% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum wage.

Earnings include compensation paid or payable for personal services, such as wages, salaries, commissions, bonuses, and periodic pension or retirement program payments. Earnings do not include Social Security benefits or veterans' disability pension benefits, except when the benefits are subject to garnishment for child support. Disposable earnings are those remaining after deductions required by law.

The maximum amount subject to garnishment must be reduced by $20 for each dependent family member residing with the employee. Within 10 days after receipt of a garnishment summons, employees must provide employers with a list of the names and Social Security numbers of dependents. These lists must be signed by employees.

If employees fail to provide the list, it is presumed that no dependents are claimed. Employees can provide the list at a later date, in which case the exemptions claimed will be in effect for amounts subject to garnishment after the date the list is provided.

The maximum amount subject to garnishment for the support of any person for any workweek is 50 percent of disposable earnings if the employee is supporting a second family or 60 percent if there is no second family. An additional 5 percent can be withheld for arrears.

Recommended Garnishment Training Courses:

• Garnishments, Child Support Orders, And Other Levies
• Dealing with Subpoenas, Summonses, Garnishments, Tax Levies, Etc.
• Certificate Program For Payroll Specialists
• Paycheck Fundamentals Training & Certification Program