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Kentucky GarnishmentOverviewKentucky employers must comply with garnishment orders. Child support is covered in a separate state summary: Kentucky Child Support.CoverageAll public and private employers are covered. This summary is restricted to coverage of private employers.Amount Subject to WithholdingKentucky law follows federal law in determining the amount of disposable earnings exempt from a garnishment order. Except for a support order, tax levy, or bankruptcy order, the maximum that employers can withhold is the lesser of:??25 percent of disposable weekly earnings or??the amount by which weekly disposable earnings exceed 30 times the federal minimum wage.Earnings are compensation for personal services and include wages, salary, commissions, bonuses, and periodic payments for pension or retirement programs.Disposable earnings are those remaining after deductions required by law.Student Loans: The maximum that employers can withhold for college loans is 15 percent of disposable pay. A greater percentage can be deducted with an employee's written consent. Employers must answer orders to withhold for college loan repayment within 20 days and must give the employee a copy of the order.Effective July 30, 2013, the Kentucky Higher Education Student Loan Corporation can establish an administrative garnishment process for the collection of defaulted educational loans to begin no sooner than 180 days after failure to make payment and is limited to 10 percent of the garnishee's disposable earnings, which is defined as the amount of the garnishee's earnings after all legally required withholding has been deducted.Priority of Withholding OrdersEmployers that receive two or more withholding orders for the same employee must comply with whichever withholding order is served first.Illegal Discharge of EmployeesEmployers cannot discharge employees for a wage garnishment.Administration/EnforcementThe Kentucky Court of Justice enforces the law.The Kentucky Higher Education Student Loan Corporation oversees the Asset Resolution Corporation, which collects and services defaulted education loans for the federal Education Department.Penalties/RemediesEmployers that willfully discharge employees for one garnishment can be fined up to $1,000 and imprisoned for up to one year.Employers that fail to withhold the proper amount for college loans are liable for the amount plus attorneys' fees, costs, and damages.Reference CitationsCoverage: Ky. Rev. Stat. Ann. §§?425.506, 427.005Amount Subject to Withholding: Ky. Rev. Stat. Ann. §§?164A.240; 427.005, 427.010; 11 Ky. Admin. Regs. 3:100; Ky H.B. 49, L. 2013Priority of Withholding Orders: Ky. Rev. Stat. Ann. §?425.506Illegal Discharge of Employees: Ky. Rev. Stat. Ann. §?427.140Administration/Enforcement: Ky. Rev. Stat. Ann. §§?164A.050, 164A.055, 164A.240; Ky. Rev. Stat. Ann. §?427.990Penalties/Remedies: Ky. Rev. Stat. Ann. §?427.990; 11 Ky. Admin. Regs. 3:100Web ReferencesKentucky Laws: Regulations: Court of Justice: InformationAgency information: Kentucky Court of Justice, Administrative Office of the Courts, 100 Millcreek Park, Frankfort, Ky. 40601; (502) 573-2350 ................
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