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Summary of differences between federal and state regulations
The state of South Dakota has several statutes regarding garnishment of wages, mainly dealing with the amounts that can be garnished. State laws protect child support and dependent’s health care garnishments only.
Termination due to garnishment
The state of South Dakota 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
S.D. Codified Laws Ann. §21-18-9. Fee paid to garnishee for expense of garnishment disclosure.
If a garnishee summons, affidavit, and garnishment disclosure is served personally or by certified mail, the garnishee shall be paid the sum of fifteen dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of plaintiff's costs. If the garnishee is not paid, the garnishment proceeding is void. The return of service of the garnishee summons shall include a statement that the sum was paid. The garnishment disclosure shall be returned to the plaintiff and filed with the court.
S.D. Codified Laws Ann. §21-18-51. Maximum amount subject to garnishment
The maximum part of the aggregate disposable earnings of an individual for any workweek subject to garnishment may not exceed the lesser of:
(1) Twenty percent of disposable earnings for that week;
(2) The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) as amended and in effect on July 24, 2009, or any equivalent multiple thereof prescribed by regulation by the secretary of labor in case of earnings for any pay period other than a week, in effect at the time the earnings are payable less twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself.
These restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court for the support of any person or any order of any court of bankruptcy under Title 11 of the United States Code.
S.D. Ann. §21-18-52. Maximum garnishment allowed for support of any person
The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person may not exceed:
(1) If the individual is supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, fifty percent of the individual's disposable earnings for that week; and
(2) If the individual is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, sixty percent of the individual's disposable earnings for that week; except that with respect to the disposable earnings of any individual for any workweek, the fifty percent specified in subdivision
(1) shall be deemed to be fifty-five percent and the sixty percent specified in subdivision
(2) shall be deemed to be sixty-five percent, if and to the extent that the earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve week period which ends with the beginning of the workweek.
S.D. Codified Laws Ann. §25-7A-46. Intentional violation by payor as petty offense.
Any payor who intentionally:
(1) Fails to withhold or pay over income to the department pursuant to a valid order for withholding;
(2) Discharges, refuses to employ, disciplines, or penalizes an obligor because of the order for withholding; or
(3) Otherwise fails to comply with any of the duties imposed by this chapter;
commits a petty offense.
S.D. Codified Laws Ann. §25-7A-59. Withholding employee’s compensation for dependant child’s medical support – Reguired filing time – Limitation on amount – Penalty.
In any case where there is in effect an order for support requiring an obligor to provide medical support for a dependent child, the employer of the obligor, upon receiving a national medical support notice from any Title IV-D agency is required to complete the applicable sections and forward the notice to the persons or entities specified in the notice within twenty business days of the date of the notice. Upon receiving notice of successful enrollment, the employer shall withhold from the employee's compensation the employee's share of premiums, if any, for health coverage required for the medical support of the dependent child. Any employer withholding compensation from an employee for the purposes set forth in this section is required to pay, upon the premium due date, the employee's share of the premium to the insurer providing the health coverage for the dependent child. The total amount withheld for support and health insurance premiums may not exceed the amount specified in §25-7A-32, giving priority to the payment of current and past-due support.
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.