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  • Alimony - An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.   Court-ordered support paid by one spouse to another after they are separated."); legalTerms.document.write("

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  • Child Custody Attorney - Child Custody Lawyer - Attorneys and Lawyers who specialize in legal representation for Child Custody issues. "); legalTerms.document.write("

  • Child Support - Court-ordered support paid by one spouse to the other who has custody of the children after the parents are separated "); legalTerms.document.write("

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  • Contempt of Court - Disrespect for the rules of a court of law."); legalTerms.document.write("

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  • Court Order - An order issued by a court that requires a person to do or refrain from doing something. "); legalTerms.document.write("

  • Divorce - The legal dissolution of a marriage.   To end marriage with (one's spouse) by way of legal divorce.   A legal dissolution of the marriage contract by a court or other body having competent authority. This is properly a divorce, and called, technically, divorce a vinculo matrimonii. ``from the bond of matrimony.'' "); legalTerms.document.write("

  • Divorce Attorney - Divorce Lawyer - Attorneys and Lawyers who specialize in divorce law, child custody law and child support issues."); legalTerms.document.write("

  • Family Law Attorney - Attorneys and Lawyers who specialize in family law, including child custody law, child support and sposal abuse issues."); legalTerms.document.write("

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  • Lawyer - Lawyers - One whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters.   One versed in the laws, or a practitioner of law; one whose profession is to conduct lawsuits for clients, or to advise as to prosecution or defence of lawsuits, or as to legal rights and obligations in other matters. "); legalTerms.document.write("

  • Legal Aid (Legal Aide) - Legal assistance provided, as by a specially established organization, for those unable to afford an attorney."); legalTerms.document.write("

  • Legal - Established by or founded upon law or official or accepted rules.   Relating to or characteristic of the profession of law; 'the legal profession'."); legalTerms.document.write("

  • Legal Right (Legal Rights) - A right based in law."); legalTerms.document.write("

  • Legal Separation - A court decree recognizing that a married couple is living apart and regulating the couple's mutual rights and liabilities. Also called judicial separation.   A judicial decree regulating the rights and responsibilities of a married couple living apart "); legalTerms.document.write("

  • Legality - Lawfulness by virtue of conformity to a legal statute."); legalTerms.document.write("

  • Litigation - A dispute that has become the subject of a formal court action or law suit."); legalTerms.document.write("

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  • Nolo Contendere - This is Latin for 'I will not defend it.' This plea is used when the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has the same effect as a plea of guilty."); legalTerms.document.write("

  • Out-of-court Settlement - An agreement between two litigants to settle a matter privately."); legalTerms.document.write("

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  • Plaintiff/Defendant - The person or entity who brings a case to court. Other terms for plaintiff include claimant, petitioner or applicant. The person or entity against which the case is being lodged is generally called the defendant."); legalTerms.document.write("

  • Private Attorney - an attorney in fact - A person appointed by another, by a letter or power of attorney, to transact any business for him out of court."); legalTerms.document.write("

  • pro bono - Done for the public good without compensation."); legalTerms.document.write("

  • Public Attorney - Attorney at Law - A practitioner in a court of law, legally qualified to prosecute and defend actions in such court, on the retainer of clients."); legalTerms.document.write("

  • Public Defender - An attorney or a staff of attorneys, usually publicly appointed, having responsibility for the defense of those unable to afford or obtain legal assistance.   A lawyer who represents indigent defendants at public expense "); legalTerms.document.write("

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  • Summons - This is one of the initial documents issued in a civil suit. It gives the defendant notice of the claim and the opportunity to defend it."); legalTerms.document.write("

  • Violation - The act of violating, treating with violence, or injuring; the state of being violated. Specifically: Infringement, transgression or nonobservance - as in the violation of law.
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BASIC PROVISIONS OF TITLE III

Wage garnishment occurs when an employer withholds the earnings of an individual for the payment of a debt as the result of a court order or other equitable procedure. Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debt.

Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. As of September 1, 1997, the federal minimum wage is $5.15 per hour.

In court orders for child support or alimony, Title III allows up to 50 percent of an employee's disposable earnings to be garnished if the employee is supporting a current spouse or child, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears. The restrictions noted in the preceding paragraph do not apply to such garnishments.

"Disposable earnings" is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes, Social Security, unemployment insurance and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.

Title III specifies that garnishment restrictions do not apply to bankruptcy court orders and debts due for federal and state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings to a creditor or creditors.

EMPLOYEE RIGHTS

In most cases, Title III gives wage earners the right to receive at least partial compensation for the personal services they provide despite wage garnishment. This law also prohibits an employer from discharging an employee because of garnishment of wages for any one indebtedness. The Wage and Hour Division of the Employment Standards Administration accepts complaints of alleged Title III violations.

PENALTIES OF VIOLATION

Violations of Title III may result in reinstatement of a discharged employee, payment of back wages, and restoration of improperly garnished amounts. Where violations cannot be resolved through informal means, the Department of Labor may initiate court action to restrain violators and remedy violations. Employers who willfully violate the discharge provisions of the law may be prosecuted criminally and fined up to $1,000, or imprisoned for not more than one year, or both.

RELATION TO OTHER WAGE GARNISHMENT LAWS

If a state wage garnishment law differs from Title III, the employer must observe the law resulting in the smaller garnishment, or prohibiting the discharge of an employee because his or her earnings have been subject to garnishment for more than one debt.

WHAT IF MY WAGES ARE GARNISHED OR I WANT TO GARNISH SOMEBODY ELSE?

If your wages are garnished, you may first want to look at a Debt Negotiation & Settlement Program, which could enable you to settle your debts for significantly less than what you owe.

You can also get quick and easy access to Top Wage Garnishment Lawyers in your area offering sound legal help and assistance for Less Than $1 per Day simply by completing the form at the top of this page.

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