4.05.030 Restriction on Garnishment of Earnings

(a) The maximum part of the total disposable earnings of an individual for any workweek which is subject to garnishment may not exceed the lesser of:

(1) twenty-five percent (25%) of disposable earnings for that week.

(2) the amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage, or any equivalent multiple thereof in case of earnings for any pay period other than a week.

(b) The maximum amount subject to garnishment under subsection (a) for any workweek must be reduced by thirty dollars for each dependent family member residing with the garnishment debtor. Within ten (10) days after receipt of the garnishment summons, the garnishment debtor shall provide to the employer a verified list of the names and social security numbers, if any, of the dependents who reside with the garnishment debtor. If the garnishment debtor fails to provide the list, it is conclusively presumed that the garnishment debtor claims no dependents.

(1) Any order of any court for the support of any person;

(2) Any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act;

(3) Any debt due for any state, tribal or federal tax;

(d) The maximum part of the total disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person may not exceed:

(1) Where the individual is supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is issued, fifty percent (50%) of the individual's disposable earnings for that week; and

(2) Where the individual is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, sixty percent (60%) of the individual's disposable earnings for that week.

(e) The Tribal Court may not make, execute, or enforce any order or process in violation of this section.