...
Summary of differences between federal and state regulations
The state of Maryland has several statutes which address garnishment of wages.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Maryland Commercial Law §15-601.1. Exemption from attachment.
(a) Disposable wages. - In this section "disposable wages" means the part of wages that remain after deduction of any amount required to be withheld by law.
(b) Amounts of wages exempt; medical insurance payments.- The following are exempt from attachment:
(b)(1) Except as provided in item (2) of this subsection, the greater of:
(b)(1)(i) The product of $145 multiplied by the number of weeks in which the waged due were earned; or
(b)(1)(ii) 75 percent of the disposable wages due; or
(b)(2) In Carline, Kent, Queen Anne’s, and Worcester counties, for each work week, the greater of:
(b)(2)(i) 75 percent of the disposable wages due; or
(b)(2)(ii) 30 times the federal minimum hourly wages under the Fair Labor Standards Act in effect at the time the wages are due; and
(b)(3) Any medical insurance payment deducted from and employee’s wages by the employer.
(c) Calculation per pay period. - The amount subject to attachment shall be calculated per pay period.
Maryland Commercial Law §15-603. Duties of employer.
(a) Duty to withhold and remit.- While the attachment remains a lien, the employer/garnishee shall withhold all attachable wages payable to the judgment debtor and remit the amount withheld to the judgment creditor or his legal representative within 15 days after the close of the last pay period in each month.
(b) Order in which attachments satisfied.- If the employer/garnishee is served with more than one attachment against the same judgment debtor, then the attachments shall be satisfied in the order in which they were served, and each prior attachment must be satisfied before any effect can be given to a subsequent attachment.
Maryland Commercial Law §15-606. Discharge of employee because of attachment prohibited in certain cases.
(a) In general. - An employer may not discharge his employee because the employee's wages are subjected to attachment for any one indebtedness within a calendar year.
(b) Penalty. - Any employer who willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.
Maryland Family Law Code §10-129. Deductions from obligor’s earnings.
(a) In general.- On receipt of a copy of an earnings withholding order or earnings withholding notice an employer shall, beginning with the next pay period after receipt of the earnings withholding order or earnings withholding notice:
(a)(1) deduct the amount of the withholding from the obligor's earnings on a regular basis; and
(a)(2) send the deducted net amount directly to the State disbursement unit within 7 days not including Saturday, Sunday, or a legal holiday after the day on which the earnings are paid to the obligor.
(b) Additional deductions. - An employer may deduct and retain from the obligor's wages an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice.
(c) Prohibited acts. - An employer may not use the withholding as a basis for:
(c)(1) reprisal against the obligor;
(c)(2) dismissal of the obligor from employment; or
(c)(3) refusal to hire or to promote the obligor.
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.