Idaho Garnishment laws & HR compliance analysis

Idaho Garnishment: What you need to know

A garnishment is an order of a court to an employer to withhold a sum of money from the earnings of an employee (the debtor) for payment of a court- or agency-ordered debt. There are numerous state and federal laws pertaining to the procedure. Where state law is more restrictive than federal law (i.e., protects more of the employee's salary from garnishment), state law will govern.
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Respond promptly. An employer that is served with a wage garnishment must respond promptly to the notice and any other court papers regarding garnishment. Employers failing to respond to a notice or in any way ignoring a garnishment run the very real risk of being held personally liable for the entire judgment.
Employer fee. Employers may deduct a one-time administrative fee of $10 from the first answer to a wage garnishment to cover the administrative costs of the garnishment.
The federal Family Support Enforcement Act (42 USCS 666et seq.) authorizes states to pass their own implementing legislation to ensure collection of family support; states that do not do so lose federal subsidies. Idaho has passed state laws to ensure that all child support orders include the authority necessary to permit wage withholding. The legislation also ensures that all dependent children are adequately supported, regardless of the past or current marital status of the parents (ID Code Sec. 32-1201et seq., Sec. 7-1201et seq.).
Employers must answer a family support order within 10 days, on forms provided by the state, and withholding must begin immediately. If there are two or more child support orders, the employer must divide the available amount between orders for current support first, and apply whatever money is available ...

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