Following a disclosure hearing, the court shall determine the amount, if any, of the installment payments that the judgment debtor must make to the judgment creditor.
1.Definition.
For purposes of this section, "exempt income" means the debtor's right to receive:
2.Installment payment order not permitted.
The court may not order a judgment debtor to make installment payments if the judgment debtor is receiving or will receive money or earnings only from a source or sources exempt from attachment and execution under sections 4421 to 4426.
3.Maximum amount of earnings subject to installment payment order.
In the case of a judgment debtor who is an individual, the maximum amount of earnings for any workweek that is subject to an installment order may not exceed the least of:
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Following a disclosure hearing, the court shall determine the amount, if any, of the installment payments that the judgment debtor must make to the judgment creditor.
1.
Definition.
For purposes of this section, "exempt income" means the debtor's right to receive:
2.
Installment payment order not permitted.
The court may not order a judgment debtor to make installment payments if the judgment debtor is receiving or will receive money or earnings only from a source or sources exempt from attachment and execution under sections 4421 to 4426.
3.
Maximum amount of earnings subject to installment payment order.
In the case of a judgment debtor who is an individual, the maximum amount of earnings for any workweek that is subject to an installment order may not exceed the least of:
4.
Factors to consider in determining amount of installment payment order.
In determining the amount of installment payments, the court may take into consideration:
5.
Manner of making payments.
The court may prescribe the time, place and manner in which payments are to be made.
6.
Certain orders not subject to limitations.
The limitations set forth in subsection 3 do not apply to:
7.
Maximum earnings subject to garnishment.
The maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to enforce an order for the support of any person may not exceed:
8.
Order to Department of Labor.
When it is shown upon ex parte motion and affidavit that the judgment debtor has failed to make 2 or more payments required by an installment payment order under this section, the court shall order the Department of Labor to provide the judgment creditor with the name and address of the current or most recent employer of the judgment debtor, if any, together with the date the employer last reported wage information concerning the judgment debtor. The affidavit must specify the manner of application of all payments made pursuant to the installment payment order. An order directed to the Department of Labor under this section may be served by the judgment creditor by ordinary mail, accompanied by a reasonable fee set by the Department of Labor calculated to cover the full labor, overhead and other costs of administering the order pursuant to state rules and federal regulations. The Department of Labor shall respond to the judgment creditor within 20 days after receipt of the court order.