Payments by employer
48.10 Payments by employer
(1) For the purposes of this rule, excess means the amount by which the net earnings are in excess of the protected earnings specified in an attachment of earnings order.
(2) Where an attachment of earnings order is in force, on each pay-day that there is an excess the employer to whom the order is directed must make payments out of the excess in accordance with this rule.
Subject to subrule (4), the employer:
(a) may first pay to himself or herself the amount specified in the order for the employer's administrative costs; and
(b) must then pay to the judgment creditor the appropriate deduction specified in the order.
(4) If the excess is insufficient to allow for payment in full under subrule (3), the employer:
(a) on that pay-day – may first pay as much as the excess allows towards the administrative costs;
(b) on that pay-day – must then pay as much as the excess allows towards the appropriate deduction; and
(c) on a later pay-day – must pay the deficit in accordance with subrule (5).
(5) If on a pay-day there remains an excess after payment under subrule (3), the employer must pay from that excess as much of the total deficit from previous pay-days as the excess allows:
first towards the outstanding administrative costs; and
then towards the outstanding appropriate deductions.
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