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Summary of differences between federal and state regulations
The State of New Hampshire has a few statutes which address garnishment of wages.
Termination due to garnishment
The state of New Hampshire has no rule specific to this topic; follow the federal rule.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
N.H. Rev. Stat. Ann. § 161-H:5 Notice to Employer.
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 161-H:2, V.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding on the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same wages, with the exception of claims for current or past due child support.
VII. That in addition to the amount withheld for medical child support, the employer may deduct a fee of $1 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employers shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name of and address of the present employer, if known.
X. That the employer shall be guilty of a class B misdemeanor for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has wage assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
N.H. Rev. Stat. Ann. § 458-B:4 Amount Withheld.
I, II. [Repealed.]
III. The amount withheld by an income assignment shall include both the amount of support stated in the legal order of support as well as an additional amount which shall be applied to any arrearage. Said arrearage amount withheld shall be no less than 20 percent of the current support withheld, but may be more where circumstances so warrant. In cases where the arrearage due is less than 20 percent of the current support withheld, the amount of arrearage withheld shall be the full amount of the arrearage. When an arrearage continues to exist following the termination of an obligation to support, the income assignment shall continue in effect until such time as the arrearage is eliminated.
IV. Notwithstanding paragraph III, the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
V. When child support is payable through the department and an obligor receives unemployment compensation benefits, the benefits payable to the obligor shall be subject to withholding by assignment. The amount withheld from the benefits pursuant to RSA 282-A:159, II shall be 20 percent of the obligor's weekly benefit amount, any benefits payable up to that amount, or the amount of the order of child support, whichever is less. The obligor may voluntarily increase the withheld amount up to the full amount of his unemployment benefits. Notwithstanding the foregoing, a court issuing or modifying an order for support may order that more than 20 percent of the obligor's weekly benefit amount be withheld.
VI. When less than the full amount of a legal order of support is withheld from the obligor's income, the difference shall accrue as arrears as long as the legal order of support remains in effect.
N.H. Rev. Stat. Ann. § 458-B:6 Notice to Employer.
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 458-B:4, IV.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding upon the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same income.
VII. That in addition to the amount withheld for support and arrearage, the employer may deduct a fee of $1.00 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employer shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name and address of the present employer, if known.
X. That the employer shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has an income assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
N.H. Rev. Stat. Ann. § 512:21 List of Exemptions.
The money, rights, and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefore:
- Wages for labor performed by the defendant after the service of the writ upon the trustee.
- Wages of the defendant earned before the service of the writ to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act.
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.