Louisiana Garnishment laws & HR compliance analysis

Louisiana Garnishment: What you need to know

A garnishment is an order of a court to an employer (the garnishee) to withhold a sum of money from an employee's wages or salary for payment of a debt. The state of Louisiana draws a distinction between garnishments for support obligations and garnishments for other debts. There are numerous state and federal laws pertaining to garnishment. Where state laws pertaining to garnishment are more restrictive than federal law (i.e., permit a lesser amount to be garnished), state laws will govern.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Procedure. Upon entry of any court order for the establishment of support, the court orders immediate support withholding by providing a written notice to the employer to withhold an amount for current support, plus an additional amount toward any arrearage, unless there is a written agreement between the parties or the court finds good cause not to require immediate income assignment.
The income withholding order specifies the amount to be deducted from the employee's wages. Withholding takes effect with the first pay period following receipt of the order. The employer is required to send the withheld funds within 7 days of withholding to either to the Department of Social Services or directly to the person receiving the support, as specified in the order. Payments continue until the employer is notified that the support obligation has ceased. Employers must treat an income withholding order issued from a court in another state as if it had been issued in Louisiana. Income subject to support withholding includes wages, salary, interest, commission, pay as an independent contractor compensation, disability benefits, unemployment compensation, workers' compensation, annuity and ...

Read more about Garnishment