Gibson, 032789 MSAGO, 19890327

• Case Date: March 27, 1989
• Court: Mississippi

Judge A.G. Gibson, Jr. No. 19890327 Mississippi Attorney General Opinions March 27, 1989          Judge A.G. Gibson, Jr.          Justice Court Judge          Calhoun County          P.O. Box 7          Pittsboro, MS 38951          Dear Judge Gibson:          Attorney General Moore has received your request for an opinion and has assigned it to me for research and reply. Your query was:

... I am enclosing herewith a copy of opinion we received concerning child support and garnishments. Please clarify as to whether child support should be classed as a garnishment and if so does it take priority over all other garnishments.

         Although Mississippi law does not define a child support withholding order as a garnishment, the federal Consumer Credit Protection Act defines a garnishment as “any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.” 15 USCA 1672(c) . Federal case law and cases from other state courts have expressly held that court-ordered child support withholding is a garnishment and is entitled to priority over other garnishment orders. See Marshall v. District Court for 41st–b Judicial District of Michigan , 444 F.Supp. 1110 (1978); Liedka v. Liedka , 423 N.Y.S.2d 788 (1979); Pellerin v. Pellerin , 534 S.W.2d 767 (Ark.1976) . It seems clear that any amount withheld from an employee's salary pursuant to a court order for child support would be subject to the Consumer Credit Protection Act and to the percentage of disposable income allowed to be withheld from an employee's pay under this Act.          Mississippi law provides:

Regardless of the amount designated in the order for withholding as supplemented by the notice of delinquency and regardless of other fees imposed or amounts withheld pursuant to this section, the payor shall not deduct from the income of the obligor in excess of the amounts allowed under Section 303(b) of the Consumer Credit Protection Act, being 15 USCA 1673 as amended.

Sec. 93–11–111, Miss.Code Ann. (1972 as amended).          This section follows the provisions of the Consumer Credit Protection Act in setting out the amounts which may be deducted from an employee's pay.          Mississippi law also provides that a garnishment for child support take priority over all other...