How much can be garnished from my paycheck?

03 Aug How much can be garnished from my paycheck?

Federal law limits wage garnishment to 25% of the weekly disposable earnings or to that amount that is over 30 times the Federal minimum hourly wage, whichever amount is less. The federal law is found at 15 USCS Section 1673.

In short, as of August 3, 2009, the first $217.50 is exempt. This amount will change as the federal minimum hourly wage changes.

There are exceptions. The limit does not apply to: a) court or administrative ordered support; b) Chapter 13 Bankruptcy wage deduction payments; c) federal or state tax collection. The exception for child support permits wage garnishment ranging from an amount between 50% and 65% of the disposable earnings, depending on whether the wage earner is supporting a non-garnishing spouse or dependent child, and whether the support order covers a time period that predates 12 weeks before the beginning of the work week pay period.

Attorney Steve Otto writes about additional garnishment issues in his article Can a debt collector garnish my federal benefits?

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Andy Miofsky, Esq.

Andy Miofsky holds the highest AV PREEMINENT rating from Martindale Hubbell Law Directory and a perfect 10.0 from AVVO. Andy is an Illinois consumer rights lawyer with offices in Granite City Illinois. Andy represents people with bankruptcy and student loan debt problems throughout the Southern District of Illinois since 1979.
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