2005 Idaho Code - 11-207 — RESTRICTION ON GARNISHMENT -- MAXIMUM

                                  TITLE  11
                           ENFORCEMENT OF JUDGMENTS
                               IN CIVIL ACTIONS
                                  CHAPTER 2
                 PROPERTY SUBJECT TO EXECUTION -- EXEMPTIONS
    11-207.  RESTRICTION ON GARNISHMENT -- MAXIMUM. (1) Except as provided in
subsection (2) of this section, the maximum amount of the aggregate disposable
earnings of an individual for any work week which is subjected to garnishment
shall not exceed (a) twenty-five per cent (25%) of his disposable earnings for
that week, or (b) the amount by which his disposable earnings for that week
exceed thirty (30) times the federal minimum hourly wage prescribed by 29
U.S.C.A. 206(a)(1) in effect at the time the earnings are payable, whichever
is less. In the case of earnings for any pay period other than a week, the
Idaho commissioner of labor shall by regulation prescribe a multiple of the
federal minimum hourly wage equivalent in effect to that set forth in (b) of
this subsection.
    (2) (a)  The restrictions of subsection (1) of this section shall not
    apply in the case of any order of any court for the support of any person,
    any order of any court of bankruptcy under chapter XIII of the Bankruptcy
    Act, or any debt due for any state or federal tax.
    (b)  The maximum part of the aggregate disposable earnings of an
    individual for any work week which is subject to garnishment to enforce
    any order for the support of any person shall not exceed:
         1.  Where such individual is supporting his spouse or dependent
         child, other than a spouse or child with respect to whose support
         such order is used, fifty per cent (50%) of such individual's
         disposable earnings for that week; and
         2.  Where such individual is not supporting such a spouse or
         dependent child described in paragraph 1., sixty per cent (60%) of
         such individual's disposable earnings for that week;
    except that with respect to the disposable earnings of any individual for
    any work week, the fifty per cent (50%) specified in paragraph 1. shall be
    deemed to be fifty-five per cent (55%) and the sixty per cent (60%)
    specified in paragraph 2. shall be deemed to be sixty-five per cent (65%),
    if and to the extent that such earnings are subject to garnishment to
    enforce a support order with respect to a period which is prior to the
    twelve (12) week period which ends with the beginning of such work week.