11-712. RESTRICTION ON WAGE GARNISHMENT — MAXIMUM. (1) Except as provided in subsection (2) of this section, the maximum amount of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment shall not exceed:
(a) Twenty-five percent (25%) of his disposable earnings for that week; or
(b) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever is less.
In the case of earnings for any pay period other than a week, the Idaho commissioner of labor shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (b) of this subsection.
(2)(a) The restrictions of subsection (1) of this section shall not apply in the case of any order of any court for the support of any person, any order of any court of bankruptcy under chapter XIII of the bankruptcy act, or any debt due for any state or federal tax.
(b) 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:
(i) 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, fifty percent (50%) of such individual’s disposable earnings for that week; and
(ii) Where such individual is not supporting such a spouse or dependent child described in subparagraph (i) of this paragraph, sixty percent (60%) of such individual’s disposable earnings for that week; except that with respect to the disposable earnings of any individual for any workweek, the fifty percent (50%) specified in subparagraph (i) of this paragraph shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in this subparagraph shall be deemed to be sixty-five percent (65%), 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 (12) week period which ends with the beginning of such workweek.
History:
[11-712, added 2017, ch. 303, sec. 9, p. 808.]
Structure Idaho Code
Title 11 - ENFORCEMENT OF JUDGMENTS IN CIVIL ACTIONS
Section 11-702 - TIME WHEN RETURNABLE — RECORD IN EXECUTION BOOK.
Section 11-703 - GARNISHMENT — SERVICE OF WRIT OF EXECUTION OR GARNISHMENT — FINANCIAL INSTITUTIONS.
Section 11-704 - EMPLOYER — CONTINUOUS GARNISHMENT.
Section 11-708 - INTERROGATORIES SUBMITTED TO GARNISHEE.
Section 11-709 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY SHERIFF.
Section 11-710 - SERVICE ON JUDGMENT DEBTOR AND THIRD PARTIES BY A FINANCIAL INSTITUTION.
Section 11-711 - CLAIM OF EXEMPTION BY JUDGMENT DEBTOR.
Section 11-712 - RESTRICTION ON WAGE GARNISHMENT — MAXIMUM.
Section 11-713 - DEPOSITS INTO FINANCIAL INSTITUTIONS NOT SUBJECT TO GARNISHMENT.
Section 11-714 - FINANCIAL INSTITUTION OBLIGATIONS WHEN SERVED WITH WRIT OF GARNISHMENT.
Section 11-715 - LIABILITY OF GARNISHEE.
Section 11-716 - NOTICE OF GARNISHMENT — DISCHARGE OF GARNISHEE.
Section 11-717 - EXAMINATION OF GARNISHEE.
Section 11-718 - DEBTS OWING BY STATE OF IDAHO SUBJECT TO EXECUTION OR GARNISHMENT AFTER JUDGMENT.
Section 11-719 - ANSWER TO INTERROGATORIES — JUDGMENT AGAINST GARNISHEE.
Section 11-720 - EXCEPTION TO ANSWER — AMENDMENT.
Section 11-721 - DENIAL OF ANSWER — REPLICATION — TRIAL, JUDGMENT AND EXECUTION.
Section 11-722 - JUDGMENT ON ANSWER — COSTS AND ALLOWANCES.
Section 11-723 - JUDGMENT AGAINST GARNISHEE.
Section 11-724 - ALLEGATION OF ASSIGNMENT OF DEBT — PROCEDURE.
Section 11-725 - ALLEGATION OF ASSIGNMENT OF DEBT — TRIAL OF ISSUE.
Section 11-726 - LIABILITY OF GARNISHEE ON NEGOTIABLE PAPER.
Section 11-727 - LIABILITY OF OFFICERS AND EXECUTORS AS GARNISHEES.
Section 11-728 - FEE FOR EMPLOYER — GARNISHEE.
Section 11-729 - SHERIFF FEE FOR SERVICE.