Wage Garnishment Limits: How Much of Your Paycheck Can Be Taken?
Wage garnishment limits: how much of your paycheck can be taken?
A garnishment order can take a big bite out of your paycheck, but federal law puts a ceiling on how much. Knowing the math helps you check that your employer is withholding the right amount and plan your budget.
- For most debts, the weekly garnishment can’t exceed the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage ($217.50).
- Child support and alimony can take 50% to 60%, plus 5% if more than 12 weeks behind; taxes and some bankruptcy orders aren’t capped by these limits.
- Your employer can’t fire you because your pay is garnished for one debt.
What counts as a garnishment
Per U.S. Department of Labor, Fact Sheet #30: Wage Garnishment Protections of the CCPA, a garnishment is any legal or equitable procedure that requires part of your earnings to be withheld to pay a debt. Most are court orders; others include IRS or state tax levies and federal agency garnishments for non-tax debts. Voluntary wage assignments you agree to aren’t garnishments.
Step 1: figure your disposable earnings
Disposable earnings are what’s left after legally required deductions: federal, state and local taxes, your share of Social Security and Medicare, state unemployment insurance tax and legally required retirement contributions. Voluntary deductions (health insurance, union dues, 401(k) contributions, charity) usually are not subtracted. (See how to read your pay stub.)
Step 2: apply the limit
For ordinary debts (not support, bankruptcy or taxes), the weekly amount can’t exceed the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage of $7.25. The DOL’s table:
| Pay period | No garnishment if disposable pay is | Max 25% once disposable pay reaches |
|---|---|---|
| Weekly | $217.50 or less | $290.00 |
| Biweekly | $435.00 or less | $580.00 |
| Semimonthly | $471.25 or less | $628.33 |
| Monthly | $942.50 or less | $1,256.66 |
Between those amounts, only the part above the “none” line can be taken. DOL’s example: weekly disposable earnings of $233 allow $15.50 to be garnished. The cap applies per pay period no matter how many garnishment orders your employer receives.
Different limits
- Child support and alimony: up to 50% if you support another spouse or child, 60% if not, plus 5% more if payments are over 12 weeks behind.
- Defaulted federal debts (including federal student loans): up to 15% of disposable earnings under administrative garnishment.
- Federal or state taxes and certain bankruptcy orders: not subject to the CCPA’s percentage limits.
- State law: if your state’s limit is stricter, the one that garnishes less applies.
Bonuses and final pay count
Earnings include wages, salary, commissions, bonuses, holiday pay, severance and final pay (see final paycheck rules). So a year-end bonus can be garnished, subject to the same percentage limits.
Job protection and help
The CCPA “prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt.” If you think too much is being withheld, ask payroll for the calculation, and call the DOL Wage and Hour Division at 1-866-487-9243. Questions about the debt itself go to the court or agency that issued the order.
General information, not legal advice. State laws vary; check your state labor department or an employment attorney for your situation.
Header image: Photo: “Macro dollars bills money stars” by Jon Sullivan, PUBLIC DOMAIN (cropped).