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Summary of differences between federal and state regulations
The state of Missouri 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
Mo. Rev. Stat., Chapter 525, Garnishments
Mo. Rev. Stat., Chapter 452, §452.350, Withholding of income, voluntary or court may order, when, when effective—hearing, when—employer, duties, liabilities, fee—discharge or discipline of employee because of a withholding notice prohibited, penalty—civil contempt proceeding authorized—amendment, termination and priorities of withholdings.
Mo. Rev. Stat. §525.030.2 Persons exempted from summons as garnishee, when—amount to be withheld from wage, how computed—earnings defined—penalty.
In Missouri, the maximum that may be subjected to garnishment may not exceed:
- Twenty-five percentum, or
- The amount by which aggregate earnings for that week exceed 30 times the federal minimum hourly wage; or
- If the employee is the head of a family and a resident of the state, ten percent, whichever is less.
Mo. Rev. Stat. §454.505 Garnishment of wages, when, procedure, limitations—notice to employer, contents—employer, duties liabilities—priorities—discharge of employee prohibited, when, penalties for—orders issued by another state, laws to govern
10. An employer shall not discharge, or refuse to hire or otherwise discipline, an employee as a result of an order to withhold and pay over certain money authorized by this section. If any such employee is discharged within thirty days of the date upon which an order to withhold and pay over certain money is to take effect, there shall arise a rebuttable presumption that such discharge was a result of such order. This presumption shall be overcome only by clear, cogent and convincing evidence produced by the employer that the employee was not terminated because of the order to withhold and pay over certain money.
Mo. Rev. Stat. §454.505 Garnishment of wages, when, procedure, limitations—notice to employer, contents—employer, duties, liabilities—priorities—discharge of employee prohibited, when, penalties for—orders issued by another state, laws to govern
3. The employer or other payor shall withhold from the earnings or other income of each obligor the amount specified in the order, and may deduct an additional sum not to exceed six dollars per month as reimbursement for costs, except that the total amount withheld shall not exceed the limitations contained in the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b).
Mo. Rev. Stat., §525.030.5
No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment or sequestration for any one indebtedness.
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.