§ [16–572.01]. Motion to exempt wages from garnishment.

(a) Notwithstanding § 16-572, a judgment debtor may seek to exempt additional wages from attachment under § 16-572 by making a claim of undue financial hardship by filing a motion with the Superior Court of the District of Columbia ("court").

(b) Upon the filing of a motion under subsection (a) of this section, the court shall hold a hearing as soon as practicable, but no later than 30 days after the motion is filed, unless the movant requests a later date.

(c) The court shall prepare and make available a form that would allow a judgment debtor to easily identify the basis for the judgment debtor's request for wages to be exempt from attachment. The form shall include space for the judgment debtor to identify, at a minimum, the following:

(1) That the judgment debtor receives public assistance from any of the following sources or programs, if applicable:

(A) Temporary Assistance for Needy Families Program;

(B) Program on Work, Employment, and Responsibility;

(D) Supplemental Security Income;

(E) Interim Disability Assistance;

(F) Medicaid; or

(G) D.C. Healthcare Alliance or similar health benefits;

(2) A list of the judgment debtor's household income;

(3) The number of people in the judgment debtor's household; and

(4) A list of the household expenses, including:

(A) Housing;

(B) Utilities;

(D) Child care;

(E) Food and household supplies;

(F) Education;

(G) Transportation;

(H) Clothing;

(I) Child support; and

(J) Other circumstances, including recurring payments, creating financial hardship.

(d)(1) At the hearing on a motion filed pursuant to this section, the court shall determine whether the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 creates an undue financial hardship for the judgment debtor; provided, that, for a movant who indicates that he or she receives public assistance from any of the sources listed in subsection (c)(1) of this section, there shall be a presumption that the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 creates an undue financial hardship.

(2) If the court makes a determination of undue financial hardship pursuant to paragraph (1) of this subsection, the court shall grant the motion and:

(A) Determine the amount of disposable wages to be exempted from attachment under § 16-572 necessary to avoid undue financial hardship;

(B) Promptly issue an order modifying the existing writ of attachment, clearly identifying the dollar amount of disposable wages exempted from attachment, and instructing the employer-garnishee that the employer-garnishee shall not collect an amount during any pay period that causes the judgment debtor's disposable wages for the pay period to drop below the exempted amount determined pursuant to subparagraph (A) of this paragraph; and

(e) A judgment creditor may file a motion requesting that the court review an order issued pursuant to subsection (d) of this section to see whether, due to changed circumstances, the amount required to be paid to the judgment creditor as calculated pursuant to § 16-572 would no longer create an undue financial hardship or whether the amount of disposable wages needed to be exempted from attachment under § 16-572 to avoid undue financial hardship has changed; provided, that the judgment creditor shall not file a motion pursuant to this subsection before 18 months have passed since the court issued the order pursuant to subsection (d) of this section or since the court most recently reviewed the order pursuant to this subsection.