- (a) The Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., and state law limits the amount of wages that are subject to withholding for support.
(b) The maximum amounts are expressed in percentages and depend on two (2) variables:
- (1) Whether the noncustodial parent is supporting a spouse or other dependent child; and
- (2) Whether the arrearage owed equals or exceeds twelve (12) weeks of support.
(c) Below is the breakdown of which percentage applies:
- (1) Fifty percent (50%) of the disposable earnings if the noncustodial parent is supporting a spouse or dependent child other than the spouse or child for whose support the court order was issued;
- (2) Fifty-five percent (55%) of the disposable earnings if the conditions of subdivision (c)(1) of this section exist and the amount of arrears are equal to twelve (12) weeks support or greater;
- (3) Sixty percent (60%) of the disposable earnings if the noncustodial parent is not supporting a spouse or dependent child other than the spouse or child with respect to whose support the court order was issued; and
- (4) Sixty-five percent (65%) of the disposable earnings if the conditions of subdivision (c)(3) of this section exist and there is an amount of arrearage of twelve (12) weeks support or greater.
(d)
- (1) If the total to be withheld for current and past due support exceeds Consumer Credit Protection Act limits and if all notices and orders for current support have been satisfied, the employer shall make prorated disbursements of the remaining amount available for disbursement toward arrears.
- (2) “Prorated” means the proportionate amount each notice or order for payment of past due support bears to the total amount due for payment of past due support under all notices and orders.