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Additional Notes on Garnishment and Support Orders
- "Earnings" are defined to be any "compensation paid
or payable for personal services whether denominated as wages, salary,
commission, bonus, payments to an independent contractor, or otherwise,
whether paid directly to the individual or deposited with another entity
or person on behalf of and traceable to the individual, and includes
periodic payments pursuant to a pension or retirement program."
Code
of Virginia, Sec. 34-29(d)(l).
- "Disposable earnings" are defined to be "that part
of the earnings of any individual remaining after the deduction from
those earnings of any amounts required by law to be withheld."
Code
of Virginia, Sec. 34-29(d)(2). The present garnishment order is
of course not to be considered in determining "disposable earnings." Note that many common deductions made for the benefit of or at the request of the employee are not required by law to be withheld.
- "Garnishment" is defined to be "any legal or equitable
procedure through which the earnings of any individual are required
to be withheld for payment of any debt." Code
of Virginia, Sec. 34-29(d)(3). This includes court orders not entitled "garnishments", such as support orders.
- Always be sure calculations of protected amounts are based on the
current federal minimum wage rate.
- No employer may discharge any employee by reason of the fact that
his earnings have been subjected to garnishment for any one indebtedness.
Code
of Virginia, Sec. 34-29(f).
- An employer may charge the employee a processing fee, not to exceed
$10.00 for each garnishment summons, and $20.00 for each tax lien. For
support orders, see below.
- Support Orders:
- Federal law requires employers to honor income withholding orders
from child support agencies in other states. The processing fee
is determined by the law of the state in which the employee is principally
employed. Under Virginia law, the employee may be charged $5.00
for each pay period for support orders.
- Payments are to be remitted on the day of withholding unless
the employer remits electronically (EFT), in which case remittance
must be within 4 days of the withholding.
- Support withholding orders can legally be served on employers
by facsimile as well as by mail.
- The employer is required by law to provide the employee a copy
of the withholding order showing the amount withheld; the employer
should receive a copy for this purpose.
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