20 CFR 422.415 - Will we reduce the amount that your employer must withhold from your pay when withholding that amount causes financial hardship?

§ 422.415 Will we reduce the amount that your employer must withhold from your pay when withholding that amount causes financial hardship?
(a) General. Unless paragraph (d) of this section applies, we will reduce the amount that your employer must withhold from your pay when you request the reduction and we find financial hardship. In any event, we will not reduce the amount your employer must withhold each payday below $10. When we decide to reduce the amount that your employer withholds, we will give you and your employer written notice.
(1) You may ask us at any time to reduce the amount due to financial hardship.
(2) If you request review of the payment schedule stated in the notice described in § 422.405 within the 60-day period stated in the notice, we will not issue a garnishment order to your employer until we notify you of our decision.
(b) Financial hardship. We will find financial hardship when you show that withholding a particular amount from your pay would deprive you of income necessary to meet your ordinary and necessary living expenses. You must give us evidence of your financial resources and expenses.
(c) Ordinary and necessary living expenses. Ordinary and necessary living expenses include:
(1) Fixed expenses such as food, clothing, housing, utilities, maintenance, insurance, tax payments;
(2) Medical, hospitalization and similar expenses;
(3) Expenses for the support of others for whom you are legally responsible; and
(4) Other reasonable and necessary miscellaneous expenses which are part of your standard of living.
(d) Fraud and willful concealment or failure to furnish information.
(1) We will not reduce the amount that your employer withholds from your disposable pay if your debt was caused by:
(i) Your intentional false statement, or
(ii) Your willful concealment of, or failure to furnish, material information.
(2) “Willful concealment” means an intentional, knowing and purposeful delay in providing, or failure to reveal, material information.

Title 20 published on 2014-04-01

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