Garnishment Formula For Wage Levy - Montana Department Of Revenue
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1Garnishment Formula for Wage Levy
Federal Consumer Credit Protection Act, Title III (15 USC Sections 1671-1677), and Montana
Statue (MCA 25-13-614) provides exemptions from garnishment.
Defi nitions:
A.
“Earnings”: Compensation for personal services, whether called wages, salary,
commissions, or bonuses, and payments to pension or retirement program.
B.
“Disposable Income”: Earnings remaining after (tax) deductions required by law
(Federal and State taxes, FICA, etc.)
C.
“Garnishment”: Any legal or equitable procedure by which the earnings of an individual
are required to be withheld for payment of a debt.
Computation of Garnishment Amount
The maximum amount to be garnished is the LESSER of:
a.
25% of disposable income for each pay period, OR
b.
The amount of disposable earnings for that pay period which exceeds 30 times the federal
minimum hourly wage (currently $6.55 per hour). 29 USC Sec. 206(a)(1).
Clear Form
1.
_________________ Enter total earnings
(-) _________________ Deduct federal withholding
(-) _________________ Deduct state withholding
(-) _________________ Deduct FICA
$0.00
2. (=) _________________ Disposable earnings
$0.00
3.
_________________ Enter 25% (0.25) of line 2
(-) _________________ Existing levies (include child support and IRS levies)
$0.00
4.
_________________ 25% of disposable earnings less any existing levies
$0.00
5.
_________________ Disposable earnings from line 2
$0.00
6. (-) _________________ Deduct exempt earnings (please use drop down option)
Use: ($0.00 if no wages)
($196.50 if paid weekly)
($393.00 if paid bi-weekly)
($425.75 if paid semi-monthly)
($851.50 if paid monthly)
($2,555.50 if paid quarterly)
$0.00
7.
_________________
Please remit to the Department of Revenue whichever is LESS—line 4 or line 7 for each
pay period. If either line 4 or line 7 are zero or less, no funds should be taken. Please print and
return this form with a note of explanation.
Please print a copy for your records and include a copy of the completed form with your
remittance.
Name: ____________________________________________________
ID#: _______________________________
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