With a wage garnishment order, only a certain percentage of the employees disposable earning
can be withheld. Title III of the Consumer Credit Protection Act details the limits the wage
garnishments. Generally, the amount must be the lesser of two figures:
25% of disposable income
or
The amount that a person earns each week over the federal minimum wage ($7.25) times
30 ($7.25 X 30 = $217.50). (Note that the federal minimum wage is subject to change.
See http://www.dol.gov for updates.)
All mandatory deductions are protected from garnishment outright:
Federal, state and local taxes
FICA contributions
Voluntary deductions are not protected.
Some states have additional protections. Find a legal aid organization in your community to
learn more about protections from wage garnishment.
All income and money in an account is available for garnishment unless you receive it from a
protected income source:
Social Security Payments
Supplemental Security Income
Veteran’s Benefits
Railroad Retirement Board Benefits
Federal Employee and Civil Service Retirement Benefits
If you owe money for federal taxes, child support, or federal student loans, even protected
income sources can be garnished. If you owe state or federal debt, no court order is needed to
attach your bank account.