
| Complete Guide to Federal & State Garnishment, 2013 Edition List Price: $359.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9781454810254 Paperback: 1,408 pages Publication Cycle: Published annually Last Updated: 9/25/2012 Automatic Supplementation More Info. | Available: Item ships in 3-5 Business Days |
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Complete Guide to Federal and State Garnishment provides
much-needed clarity when the federal and state laws appear to conflict. You'll
find plain-English explanations of the laws and how they interact, as well as
the specific steps you and your staff need to take to respond to the order
properly. Numerous detailed examples and mathematical calculations make it
easy to apply the law under different scenarios.
Written by Amorette Nelson Bryant, who was recently named the chair of both
the APA GATF Child Support Subcommittee and Garnishment Subcommittee,
Complete Guide to Federal and State Garnishment brings the
payroll professional up-to-date on the latest federal and state laws and
regulations affecting this ever-changing area. It is your one-stop source for
answers to critical questions, such as:
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Does the amount exempt from garnishment change when the minimum wage goes up?
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How do I determine the wages to which the garnishment applies?
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If an employee is subject to more than one garnishment, which has priority?
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Which state's rules do I use when I receive a child support order sent from
another state?
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State or federal law - which applies for creditor garnishment and support?
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Are there alternatives to remitting withheld child support via EFT/EDI?
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How do I handle garnishments when employees are paid a draw against salary?
The 2013 Edition of Complete Guide to Federal and State Garnishment
brings you up to date on the latest federal and state laws and regulations
affecting this ever-changing area. Highlights include:
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A new child support matrix that shows at a glance the states that: require
electronic payments; participate in electronic income withholding orders;
require lump-sum reporting; accept standardized verification of employment
information; and participate in the debt inquiry service
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Explanation of the new requirement mandating when you reject a child support
order and return it to the sender after May 31, 2012
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Which states now require new-hire reporting of independent contractors
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Additional data required by Illinois for new-hire reporting
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Statutory citations added to explanations of state child support provisions
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Updated exemption amounts for creditor garnishment in several states
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Why you may need to garnish all of an employee's wages for a tax levy
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Revised and updated priority information for multiple wage garnishments,
including priority of the extension of a garnishment and a garnishment from a
second creditor
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An easier means to report lump-sum payments that might be subject to
withholding for child support
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New exemption figures for 2012 tax levies
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And much more!
View the Highlights for this title.
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1. Overview
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Why Garnish Wages and Income?
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Complexity of the Garnishment Process
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What to Do
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Frequent Mistakes
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Penalties for Noncompliance
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Recent Developments
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Third-Party Administrators
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Reporting Payments to Attorneys on Form 1099
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2. Personnel Issues
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Confidentiality
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Descriptions on Payroll Records and Stubs
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Storage of Documents
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Contact with People Outside the Organization
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Potential for Violence
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Employee Protection from Employer
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3. Administration of Garnishments Procedure
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Format
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Receipt of Garnishments
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Department Controls
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Providing Information to Courts or Creditors
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Steps to Take When a Garnishment is Received
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Retention of Records
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Special Situations
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Wage Attachments for Non-Employees
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Financial Institutions and Insurance Agencies
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Lump-Sum Payments and Garnishments
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Sarbanes-Oxley and Garnishments
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Additional Withholding per Employee's Request
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4. Federal Child Support Enforcement Cash Withholding from Wages
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Legislative Background
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The Federal Agency
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Display of Social Security Numbers
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Withholding Order
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Reports or Messages to Support Agencies
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Income Withholding Order (IWO) .
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Authorization to Withhold
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Judicial Orders
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Administrative Orders
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Standardized IWO
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Service of Order
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Validate the Accuracy of the Withholding Order
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When to Begin Withholding
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Amount to Withhold for Child Support
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Earnings and Income Defined
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Calculation of Disposable Earnings for Child Support
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Comparing Allowable Disposable Earnings to Court-Ordered Amount
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Calculation of Orders
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Duplicate IWO
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Priority of Support (Type) Components
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More Than One Income Withholding Order
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Single Order: Cash Support and Medical Support Premiums
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Priority of Wage Attachments
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Administrative Fee .
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Special Situations
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When an Extra Payday Occurs in a Year
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Order Received for a Terminated Employee or a Person Never Employed
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Identifying Independent Contractors
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Employee Temporarily Receiving Pay from Other Source
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Qualified Domestic Relations Order (QDRO)
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When, Where, and How to Remit
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Ending Withholding
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Termination of Employment
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Protection and Penalties
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Employee Protection from Employer
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Employer Penalty for Noncompliance
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Employer Protection
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Other Methods for Collecting Child Support
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Future Changes
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5. Child Support: State Provisions
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6. Federal Medical Child Support Withholding for Cash Medical Support
Withholding for Medical Support Premiums
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Legislative Background
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National Medical Support Notice
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Form Requirements
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Employer Receipt of the NMSN
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Who Handles the NMSN
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Reasons to Reject the NMSN
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Administrator's Duties
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Employer Issues with the NMSN
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Proposed Changes to the NMSN
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Withholding for the Medical Support
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Priority of Withholding
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State Requirements
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Termination of Employment
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Termination of Coverage
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7. State Medical Support: State Provisions
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8. Federal Creditor Garnishment
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Administration
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Legislative Background
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Order to Withhold
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Service of Order
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What to Do
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When to Begin Withholding
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Amount to Withhold
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Guidelines
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Calculation of Disposable Earnings
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Change to Disposable Earnings
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Administrative Fee
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Exemptions from Withholding
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Interstate Creditor
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Seamen
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Student Assistance
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Priority of Wage Withholding
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When, Where, and How to Remit
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Changing or Stopping Garnishment
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Stopping the Deduction
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Request to Reduce or Discontinue Garnishments
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Termination of Employment
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Protection and Penalties
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Employee Protection from Employer
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Employer Penalty for Noncompliance
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Voluntary Wage Assignment
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Improper Attempts to Collect Debt
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State Action
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Federal Trade Commission Action
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9. State Creditor Debt Garnishment, Tax Levy, and Wage Assignment
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Garnishment Trends
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Garnishment and ‘‘Payday Loans’’
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Garnishment and Social Security Numbers
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State Garnishment Matrix
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State Levy Matrix
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10. Federal Tax Levy
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Federal Tax Levy
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Legislative Background
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Order to Withhold
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Service of Levy
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When to Begin Withholding
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Amount to Withhold
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Income Subject to Levy
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Withholding Limits
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Levy Against Wages Without Exemptions
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Restrictions on Changes to Employee Deductions
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Administrative Fee
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Supplemental Payrolls
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Extra Pay Periods
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Tax Levy Calculations
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Payroll Deduction Agreement
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Other Payment Agreement
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Priority of Wage Withholding
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When, Where, and How to Remit
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Stopping a Levy
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Termination of Employment
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Recordkeeping
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Protection and Penalty
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Employee Protection from Employer
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Payor Penalty for Failure to Honor Levy
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Continuous Levy Program
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Tax Protestors
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Administration
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11. Administrative Wage Garnishments
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History
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A. Higher Education Act (HEA) Defaulted Student Loans
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Types of Withholding Documents
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Service of Order
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Answer Requirements .
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"Disposable Pay" Defined
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When to Begin Withholding
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Amount to Withhold for Student Loans
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Priority of Withholding
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Administrative Fee
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When, Where, and How to Remit
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Stopping a Student Loan Garnishment
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Termination of Employment
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Employee Protection from Employer
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Employer Penalty for Noncompliance
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Administration
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B. Debt Collection Improvement Act of 1996 (DCIA) Federal Nontax Debts
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Service of Administrative Wage Garnishment
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When to Begin Withholding
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Amount to Be Garnished from Wages
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Disposable Pay(Earnings) Defined
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Priority of Wage Withholding
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Calculation When Another Garnishment Is Being Withheld
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More Than One Federal Agency Debt
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Effect of Bankruptcy
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Employee Election
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When, Where, and How to Remit
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Stopping Administrative Wage Garnishment
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Employer Penalty for Noncompliance
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Employee Protection from Employer
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12. Bankruptcy
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Legislative Background
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Automatic Stay
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Chapter 7 Bankruptcy
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Employer's Obligation Under Chapter 7
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13. Bankruptcy
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Employer's Obligation Under Chapter 13
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When to Begin Withholding
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Amount to Withhold
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Administrative Fee
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Priority of Withholding
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When, Where, and How to Remit
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Discontinuance of Withholding
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Protection and Penalty
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Employee Protection from Employer
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Employer Penalty for Noncompliance
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Future of Bankruptcy
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Telephone Numbers for Bankruptcy Courts
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Appendix A: Glossary
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Appendix B: EFT/EDI
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Appendix C: Electronic Income Withholding Order (E-IWO)
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Appendix D: Debt Inquiry Service
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Appendix E: Answering Verification Requests
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Appendix F: State New Hire Reporting Requirements
“This is by far the most informative book on garnishments that our
payroll department uses.”
Nate Hoke, Bunzl USA, Inc
“I appreciate Amy Nelson Bryant's extensive research for the
Complete Guide to Federal and State Garnishment because it results in a
user-friendly publication that explains all those little details missing from
other sources.”
Denise Heifort, Payroll Administrator, Wells Mfg LP
“Amy Bryant's Complete Guide to Federal and State Garnishment
is great for finding information on different types of garnishments for each
state and on bankruptcies.”
Sharon Wells, Payroll Administrator

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