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Marshall v. District Court for the 41b Judicial District of Michigan

444 F. Supp. 1110 (1978)

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Marshall v. District Court for the 41b Judicial District of Michigan

United States District Court for the Eastern District of Michigan
444 F. Supp. 1110 (1978)

AR

Facts

Marshall (plaintiff), the United States Secretary of Labor, brought suit against the District Court for the 41b Judicial District of Michigan (defendant) to determine the order of priority between tax, alimony, support, and creditor garnishments. The relevant debtor case involved Jones, who had his wages garnished for child-support payments and Sears retail store credit card debt. In garnishing Jones’s wages, the court ruled that Jones had to pay 25 percent of his disposable income. If the child-support garnishment was part of Jones’s disposable income, then Jones was already being garnished more than 25 percent of his disposable income. If the child support was not included in disposable income but was instead a withheld amount, Jones would be required to pay 25 percent of the amount left over to Sears. The court ruled that the child support should not be taken out of Jones’s disposable income and ordered Jones’s employer to garnish 25 percent of Jones’s remaining income to pay the Sears debt. When Jones’s employer found out, it asked Marshall to take steps to clarify the proper order of priority for garnishment.

Rule of Law

Issue

Holding and Reasoning (Guy, J.)

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