08-13-1993 - Divorce Decree - Laserfiche WebLink

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A. An employer shall not discharge, or refuse to hire, or otherwise discipline an employee as a result of a wage or salary withholding. B. The employer or other payor of funds shall be liable to the person entitled to receive the payment for any amounts required to be withheld. C. Notwithstanding any law to the contrary, the withholding order is binding on the employer, trustee, payor of the funds, or financial institution when service has been made. Withholding must begin no later than the first pay period that occurs after 14 days following the date of the notice. An employer, payor of funds, or financial institution in this state is required to withhold income according to court orders for withholding issued by other states or territories. The payor shall withhold from income payable to the person responsible to make the payment the amount specified in the order and shall remit,within ten days of the date the person responsible to make the payment is paid the remainder of the income,the amounts withheld to the public authority. The payor shall identify on the remittance information the date the remainder of the income is paid. Employers may combine all amounts withheld from one pay period into one payment to each public authority, but shall separately identify each person responsible to make payments. D. In the case of a financial institution, preauthorized transfers must occur in accordance with a court-ordered payment schedule. The financial institution shall execute preauthorized transfers from the deposit accounts of the person responsible to make the payment in the amount specified in the order, and in such other amounts as directed by the public authority responsible for child support enforcement. A financial institution is liable to the person entitled to receive the payment if funds in any of the deposit accounts of the person responsible to make the payment identified in the court order equal the amount stated in the preauthorization agreement but are not transferred by the financial institution in accordance with the agreement. E. To pay the arrearage specified in the notice of income withholding, the employer or payor of funds shall withhold from the income of the person responsible to make the payment an additional amount equal to 20 percent of the monthly child support or maintenance obligation until the arrearage is paid. F. Unless otherwise ordered, if an arrearage exists at the time an order for ongoing support or maintenance would otherwise terminate, income withholding shall continue in effect in an amount equal to the former support or maintenance obligation plus an additional amount equal to 20 percent of the monthly child support obligation, until all arrears have been paid in full. G. The person responsible to make the payment may move the court, under Minnesota Statute 518.64,to modify the order respecting the amount of maintenance or support. H. Priority. An order for withholding shall have priority over an attachment, execution, garnishment, or wage assignment and shall not be subject to the statutory limitations on amounts levied against the income of the person responsible to make the payment. Amounts withheld from an employee's income must not exceed the maximum permitted under the Consumer Credit Protection Act, United States Code, title 15, section 1673(b)(2). If there is more than one withholding order on a single employee, the employer or other payor of funds shall give priority to amounts currently due and not in arrears and then to other amounts, in the sequence in which withholding orders were received up to the maximum allowed under the Consumer Credit Protection Act. Notwithstanding any law to the contrary, funds from income sources identified in Minnesota Statute 518.54, subdivision 6, whether periodic or lump sum, are not exempt from attachment or execution upon a judgment for child support arrearages. -214C 2994(1/92)r •