Wyoming Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

Once you pay the tax debt, the IRS will automatically stop the garnishment. Even if you can't pay in full, you may want to make payments on the tax debt to shorten the amount that needs to be garnished from your wages.

Public benefits or assistance: many types of income derived from public assistance or benefits are protected from garnishment, including workers' compensation; unemployment benefits; aid to families with dependent children; aid to the blind, aged, and disabled; temporary disability; general assistance; certain ...

Generally speaking, if multiple judgment creditors have secured money judgments against you, the creditor whose judgment was approved first will have full rights to up to 25% wage garnishment and the second creditor will have to wait until the first debt is repaid to begin garnishing wages.

Wage garnishment is a method of debt collection in which part of your earnings are withheld each pay period and used to pay back your creditors. Wage garnishment can affect both private debts, such as a delinquent loan or credit card bill, and public debt, such as taxes owed to the government.

In Wyoming, a wage garnishment order can be issued by a court or a government agency, directing an employer to withhold a portion of your wages to pay off a debt. Dealing with wage garnishment can be an overwhelming and stressful experience for anyone.

All the salaried employees are subject to wage garnishment. Salaries, bonuses, and even the retirement plan income can be garnished if the individual has a debt. However, the federal regulations prescribe that the income in the form of tips is not subject to wage garnishment.

If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.

Summary: Montana has laws in place to limit how much of your wages can be garnished. For garnishments by debtors, no more than 25% of your disposable income can be garnished. For child support, that amount increases to 25% of your total income.

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Wyoming Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee