Chart For Determining Amount Of Wages Subject To 7 Percent Attachment
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Chart For Determining Amount Of Wages Subject To 7 Percent Attachment Form. This is a Delaware form and can be use in Justice Of The Peace Court Statewide.
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CHART FOR DETERMINING AMOUNT OF WAGES SUBJECT TO 7% ATTACHMENT Below is a chart which explains how to determine the amount of wages subject to attachment. The applicable federal laws from which the information in the chart has been taken are: 10 Del.C. § 4913(a); 15 USC § 1673; 15 USC § 1677 and 29 USC § 206(a).1. The chart assumes that the wage earner is paid weekly. Use the following formulas for Step C (based on current min. wage of $8.25) for the following: If paid twice per month use: If paid every two weeks: If paid monthly: $536.25 ($247.50 x 2.16667) $495.00 ($247.50 x 2) $1072.49 ($247.50 x 4.3333) A. Calculate disposable earnings by subtracting from gross earning those items required by law to be deducted. For example: GROSS EARNINGS - Federal tax - State tax - FICA - City tax (if any) ______________________ Equals disposable earnings B. Calculate 7% of disposable earnings. C. Subtract $247.50 (30 x $8.25 - the minimum wage) from the disposable earnings. D. The attached amount is the lesser of the figures calculated under B and C. EXAMPLE 1 An individual's gross earnings in a week are $337.00 A. $337.00 - 32.50 (est. Fed. tax) - 9.76 (est. State tax) - 26.92 (est. FICA) ________________________ $267.82Disposable earnings B. C. D. 7% of $267.82 = $ 18.74 $267.82 - $247.50 = $ 20.32 $18.74 is less than $20.32 and is the amount attached. EXAMPLE 2 An individual's gross earnings in a week are $100.00 A. $100.00 - 10.00 (est. Fed. Tax) - 3.00 (est. State Tax) - 7.00 (est. FICA) ________________________ $ 80.00 Disposable earnings B. C. D. 7% of $80.00 = $ 5.60 $80.00 - $247.50 = -$167.50 -$167.50 is less than $5.60; none of the wages can be attached. Its is very important that employers and creditors understand the attachment process because a common practice is to simply attach 7% of the gross wages. As the chart indicates, that is not correct because it is very possible that in any given pay period none of an individual's wages can be attached. J.P. Civil Form No. 34 - 7% (Rev. 6/15) American LegalNet, Inc. www.FormsWorkFlow.com
