Garnishment Formula:
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Wage garnishment is a legal procedure where a portion of a person's earnings is withheld by their employer for the payment of a debt. In California, garnishment amounts are calculated based on disposable earnings and state-specific exemptions.
California uses a two-part test to determine garnishment amounts:
Where:
Explanation: The garnishment is the lesser of 25% of disposable earnings or 50% of disposable earnings minus the state exemption amount.
Details: California law provides additional protections beyond federal law. The exemption amount changes periodically and varies based on pay period frequency.
Tips: Enter your disposable earnings (after taxes and required deductions) and the current California exemption amount. The calculator will determine the maximum garnishment amount allowed by law.
Q1: What counts as disposable earnings?
A: Disposable earnings are what remain after legally required deductions (federal/state taxes, Social Security, etc.), but not voluntary deductions.
Q2: How often does the exemption amount change?
A: California updates exemption amounts periodically. Always check for the most current values.
Q3: Are all debts subject to garnishment?
A: No, only certain types like child support, tax debts, and court-ordered judgments can garnish wages.
Q4: Can I be fired for wage garnishment?
A: California law prohibits employers from firing employees due to a single garnishment.
Q5: Are there different rules for child support?
A: Yes, child support garnishments have different calculations and higher maximum percentages.