---
kind: "section"
citation: "34 C.F.R. § 34.25"
title: "34"
number: "34.25"
heading: "Determination of financial hardship."
url: "https://uscodex.org/cfr/34/34.25"
---

# §34.25. Determination of financial hardship.

- (a)
  - (1) If we conclude that garnishment at the amount or rate proposed in a notice would cause you financial hardship, we reduce the amount of the proposed garnishment to an amount that we determine will allow you to meet proven basic living expenses.
  - (2) If a garnishment order is already in effect, we notify your employer of any change in the amount the employer must withhold or the rate of withholding under the order.
- (b) If we determine that financial hardship would result from garnishment based on a finding by a hearing official or under a repayment agreement we reached with you, this determination is effective for a period not longer than six months after the date of the finding or agreement.
- (c)
  - (1) After the effective period referred to in [paragraph (b)](#b) of this section, we may require you to submit current information regarding your family income and living expenses.
  - (2) If we conclude from a review of that evidence that we should increase the rate of withholding or payment, we—
    - (i) Notify you; and
    - (ii) Provide you with an opportunity to contest the determination and obtain a hearing on the objection under the procedures in [§ 34.24](/cfr/34/34.24.md).

## Notes

### Authority

Authority: 31 U.S.C. 3720D, unless otherwise noted.

### Source

Source: 68 FR 8142, Feb. 19, 2003, unless otherwise noted.