Garnishment - Rhode Island

Summary of differences between federal and state regulations

The state of Rhode Island generally follows the federal rule in this matter. However, in Rhode Island child support has priority over other garnishments.

State

Contact

Questions regarding a wage garnishment order should be directed to the court which issued the order.

Regulations

§10-5-8 Garnishment of wages restricted to amounts not exempt

(a) Any writ of attachment, served as a writ of garnishment for the attachment of the personal estate of the defendant in the hand and possession of any employer of the defendant, shall be effective to attach so much only of such personal estate consisting of the salary or wages due and payable to the defendant, or to become in the future due and payable to the defendant, as is in excess of the amount of the defendant's salary or wages exempt by law from attachment.

http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-5/10-5-8.HTM

§10-5-8 Garnishment of wages restricted to amounts not exempt

(a) The employer shall be entitled to the sum of five dollars ($5.00), payable directly from the employee to the employer, for each writ of garnishment served upon the employer regarding any employee.

http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-5/10-5-8.HTM

§10-5-8 Garnishment of wages restricted to amounts not exempt

(b) Subject to any federal or state law to the contrary, any garnishment of wages for child support issued pursuant to § 15-5-25, and any wage assignment pursuant to § 15-5-24, or chapter 16 of title 15 shall take priority over any garnishment issued in accordance with this section. This priority shall occur whether or not the garnishment or assignment pursuant to § 15-5-24 or 15-5-25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section.

http://webserver.rilin.state.ri.us/Statutes/TITLE10/10-5/10-5-8.HTM

§15-5-24 Support – Wage assignment procedures.

(g) A wage withholding under this section shall have priority over any attachment, execution, garnishment, or wage assignment unless otherwise ordered by the court. A wage withholding under this section shall not be subject to any specific or general statutory exemption or limitation prohibiting levy, execution, assignment, or attachment process or limiting the amount subject to assignment levied against the income of the obligor employee except as provided by federal law.

http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-24.HTM

§15-5-24 Support – Wage assignment procedures.

(i) A wage withholding agent may deduct two dollars ($2.00) from the obligor's remaining income for each payment made pursuant to a wage withholding under this section to cover the wage withholding agent's expenses involved in the wage withholdings.

http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-24.HTM

§15-5-24 Support – Wage assignment procedures.

(e) The wage withholding agent may not use the wage withholding as a basis for the discharge of an employee or for any disciplinary action against the employee.

http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-24.HTM

§15-5-26 Duties and liabilities of employer under income assignment order or order for wage withholding.

http://webserver.rilin.state.ri.us/Statutes/TITLE15/15-5/15-5-26.HTM

Federal

Contact

US Department of Labor

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.

29 CFR Part 870 (15 USC §1671)