In The Family Court Of St. Louis County Missouri (Page 2 of 3) in pdf

Federal Consumer Credit Protection Act

Title 15 United States Code, Sections 1672 and 1673 (b) (2)

Definitions

For the purpose of this subchapter: (a) the term ‘earning’ means compensation paid or payable for personal services,

whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a

pension or retirement program. (b) The term ‘disposable earnings’ means that part of the earnings of any individual remaining

after the deduction from those earnings of any amounts required by law to be withheld. (c) The term ‘garnishment’ means any

legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to

garnishment to enforce any order for the support of any person shall not exceed -

(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to

whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and

(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centrum

of such individual’s disposable earnings for that week;

except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause

(A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum,

if and to the extent that such 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 such workweek.

Section 452.350 Revised Statutes of Missouri:

Paragraph 4)... “A notice issued pursuant to this section shall be binding on the employer or other payor, and successor

employers and payors, two weeks after mailing, and shall continue until further order of the court or the division of child support

enforcement... The obligated party may, within that two-week period, request a hearing on the issue of whether the withholding

should take effect. The withholding shall not be held in abeyance pending the outcome of the hearing.”

Paragraph 6) “Upon termination of the obligor’s employment with an employer upon whom a withholding notice has been

served, the employer shall so notify the court in writing. The employer shall also inform the court, in writing, as to the last

known address of the obligor and the name and address of the obligor’s new employer, if known.”

Paragraph 7) “Amounts withheld by the employer or other payor shall be transmitted, in accordance with the notice, within

seven business days of date that such amounts were payable to the obligated party. For purpose of this section, “business

day” means a day that state offices are open for regular business. The employer or other payor shall, along with the amounts

transmitted, provide the date each amount was withheld from each obligor. If the employer or other payor is withholding

amounts for more than one order, the employer or other payor may combine all such withholdings that are payable to the same

circuit clerk or the family support payment center and transmit them as one payment, together with a separate list identifying

the cases to which they apply. The cases shall be identified by court case number, name of obligor, the obligor’s Social

Security number, the IV-D case number, if any, the amount withheld for each obligor, and the withholding date or dates for each

obligor, to the extent that such information is known to the employer or other payor. An employer or other payor who fails to

honor a withholding notice pursuant to this section may be held in contempt of court and is liable to the obligee for the amount

that should have been withheld. Compliance by an employer or other payor with the withholding notice operates as a discharge

of liability to the obligor as to that portion of the obligor’s periodic earnings or other income so affected.”

Paragraph 9) “An employer shall not discharge or otherwise discipline, or refuse to hire, an employee as a result of a

withholding notice issued pursuant to this section.”

Paragraph 12) “A withholding effected pursuant to this section shall have priority over any other legal process pursuant

to state law against the same wages, except that where the other legal process is an order issued pursuant to this section or

section 454.505, RSMo, the processes shall run concurrently, up to applicable wage withholding limitations. If concurrently

running wage withholding processes for the collection of support obligations would cause the amounts withheld from the

wages of the obligor to exceed applicable wage withholding limitations and includes a wage withholding from another state

pursuant to section 454.932, RSMo, the employer shall first satisfy current support obligations by dividing the amount available

to be withheld among the orders on a pro rata basis using the percentages derived from the relationship each current support

order amount has to the sum of all current child support obligations. Thereafter, delinquencies shall be satisfied using the

same pro rata distribution procedure used for distributing current support, up to the applicable limitation. If concurrently running

wage withholding processes for the collection of support obligations would cause the amounts withheld from the wages of the

obligor to exceed applicable wage withholding limitations and does not include a wage withholding from another state pursuant

to section 454.932, RSMo, the employer shall withhold and pay to the payment center an amount equal to the wage withholding

limitations.”

CCFC104-WA Rev. 12/08

In The Family Court Of St. Louis County Missouri Page 2

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