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Summary of differences between federal and state regulations
The state of Montana has several statutes addressing garnishment of wages.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Mont. Code Ann. §39-2-302. Discharge or layoff of employee because of attachment or garnishment prohibited.
No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee.
Mont. Code Ann. §40-5-416. Determination of amount of income to be withheld.
(1)(b) If income is being withheld to satisfy an arrearage, the amount of funds to be withheld must include the greater of:
(1)(b)(i) the amount of money that, when deducted in equal amounts each month, will pay all outstanding support arrearages and interest, if any, within 2 years; or
(1)(b)(ii) 25% of the obligor's income.
(1)(c) If income is being withheld under this part, the department may allow a fee not to exceed $5 each month, which may be withheld by the payor as compensation for the administrative costs of each withholding.
(1)(d) If a support order subject to income withholding is expressed in terms of a monthly obligation, the order may be annualized and withheld on a weekly or biweekly basis, corresponding to the obligor's regular pay period. If withholding is annualized, when deducted in equal amounts, the amount withheld each pay period must be sufficient to pay all installments due in a 12-month period under the order to withhold.
(2) The maximum amounts withheld from the obligor's wages or salaries, including fees, may not exceed the maximum amount permitted under section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b), as amended.
http://leg.mt.gov/bills/mca/40/5/40-5-416.htm
Mont. Code Ann. §40-5-422. Obligator rights protected—penalties.
(1) An employer may not discharge, discipline, or refuse to hire an obligor:
(1)(a) because the person has a child support obligation; or
(1)(b) because of the institution of income withholding on the obligor's income or the initiation of proceedings under this part.
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.