How Much of My Wages Can Be Garnished?

Judgment creditors—those who've filed a lawsuit against you and won—and creditors with a statutory right to collect back taxes, child support, and student loans can garnish or "take" money directly out of your paycheck. But they can't take it all. Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less. Individuals with a child support order can garnish up to 65% of disposable earnings for child support.

However, your employer must follow state requirements and deduct less if state law protects more of your income from wage garnishment than federal laws. If the deduction is more than your budget can bear, Chapter 7 bankruptcy will stop most wage garnishments.

What Are the Federal Wage Garnishment Limits?

Again, if a judgment creditor is garnishing your wages, federal law provides that a creditor must take the lesser of 25% of your disposable income or 30 times the federal minimum wage. (15 U.S.C. § 1673 (2024).)

Your disposable income is established by subtracting required deductions from your total paycheck. Required deductions include federal and state taxes, state unemployment insurance taxes, Social Security, and required retirement deductions. They don't include voluntary deductions, such as health and life insurance, charitable donations, and savings plans.

Example. The current federal minimum hourly wage is $7.25 per hour (as of October 2024). If you make $600 weekly after required deductions, 25% of your disposable income is $150. The amount that your income exceeds 30 times $7.25 is $382.50 ($600 - 217.50). The most that could be garnished from your weekly paycheck would be $150.

Federal Student Loan Wage Garnishment Limits

The U.S. Department of Education or anyone collecting on its behalf can garnish up to 15% of your disposable income to collect on defaulted student loans. (20 U.S.C. § 1095a(a)(1) (2024).) These agencies don't have to sue you first and get a judgment to garnish, but they must provide you with notice of the garnishment ahead of time.

Child Support and Alimony Wage Garnishment Limits

Since 1988, all new or modified child support orders include an automatic wage withholding order, even for child support that is not delinquent. The child support is withheld from your paycheck, and your employer sends the money directly to the other parent.

If you must maintain health insurance coverage for your child, the payment will also be deducted from your paycheck. You can agree with the other parent to pay child support independently without resorting to wage withholding.

Up to 50% of your disposable earnings can be garnished to pay child support if you are currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional 5% can be taken if you are more than 12 weeks in arrears. (15 U.S.C. § 1673 (2024).)

Tax Debt Wage Garnishment Limits

Taxing authorities have different limits for wage garnishment. The IRS bases the amount on how many dependents you have and your standard deduction amount. (26 U.S.C. § 6334(d) (2024).) State taxing authorities have formulas, too. The IRS will send you a notice before it begins to garnish your check, but it doesn't have to get a judgment first.

State Wage Garnishment Limits

States are free to offer more protection to debtors in wage garnishment actions than the federal government; they cannot provide less. Many states follow federal guidelines, but some protect more of a debtor's wages.

For example, in Massachusetts, most judgment creditors can only garnish up to 15% of your wages. (Mass. Gen. Laws ch. 246 § 28 (2024).) You can find your state's wage garnishment rules on your state Department of Labor website.

State Head of Household Exemptions

The head of household exemption is a state law that lets you protect more of your wages. It's available to judgment debtors who are the family's primary source of financial support. However, not all states have a head of household exemption, and the exempt amounts of disposable income can range from 100% to 90% or be the amount necessary for the care and support of your family.

Claiming the Head of Household Exemption

Receiving the head of household exemption protection isn't automatic in most cases. You'll need to claim the exemption in many states by filing paperwork with the court. You might also need to object to the garnishment. If you don't follow the procedures your state requires, the judgment creditor will likely get more of your wages than the creditor is entitled to receive by law.

As soon as you receive a wage garnishment notice or order, finding out what you need to do to protect your income—especially if you have family members who rely on you is essential. The response time will likely be short and possibly a matter of days.

Carefully reading any paperwork given to you is an excellent place to start. It might explain your options or even include the forms you must respond to. If not, local courts often have instructions posted on a website. Or you can call the sheriff or constable responsible for serving collection actions or the court clerk. Many courts also provide self-help services a few times per week. If you can't find the necessary information, consult a local attorney.

How to Get More Information or Help With a Wage Garnishment

You can learn more about wage garnishment laws by visiting the U.S. Department of Labor website or your state's labor office website.

To learn how to object to a wage garnishment in your circumstances or for more information specific to your situation, consider contacting a local debt relief lawyer.

In many cases, filing for bankruptcy can stop a wage garnishment. So, you might also want to talk to a bankruptcy attorney. You might also be able to eliminate other debts in the process.