Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 4. GARNISHMENT PROCEEDINGS · Article 3. CONTINUING GARNISHMENT FOR CHILD SUPPORT OR SPOUSAL SUPPORT

18-4-53. Summons of continuing garnishment for support; maximum disposable income subject to garnishment; retirement funds not exempted.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
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.#
(b)
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.#
(c)
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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 240 to 241; merge action: carried; file SHA-256 eddc877da9f2.

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