Summons of Continuing Garnishment for Support; Maximum Disposable Income Subject to Garnishment; Retirement Funds Not Exempted

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Garnishment Proceedings
  5. Continuing Garnishment for Child Support or Spousal Support
  6. Summons of Continuing Garnishment for Support; Maximum Disposable Income Subject to Garnishment; Retirement Funds Not Exempted

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  1. A summons of continuing garnishment for support shall contain a notice to the garnishee that such garnishment is based on a judgment governed by this article. The form for a summons of continuing garnishment for support is set forth in Code Section 18-4-80, and the optional attachment thereto is set forth in Code Section 18-4-81.
  2. Subject to the limitations set forth in Code Section 18-4-6, the maximum part of disposable earnings for any work week which shall be subject to continuing garnishment for support shall not exceed 50 percent of the defendant's disposable earnings for that week.
  3. Funds or benefits from an individual retirement account or from a pension or retirement program shall not be exempt from the process of continuing garnishment for support except as provided in subsection (b) of this Code section for other disposable earnings, unless a greater exemption is otherwise provided by law.

(Code 1981, §18-4-53, enacted by Ga. L. 2016, p. 8, § 1/SB 255.)


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