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Garnishment Formula:
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Wage garnishment is a legal procedure where a portion of a person's earnings is withheld by an employer for the payment of a debt. For most ordinary garnishments (like credit card debt, medical bills, etc.), the maximum amount that can be garnished is the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage.
The calculator uses the standard garnishment formula:
Where:
Explanation: This calculates the maximum amount that can typically be garnished from weekly wages for most ordinary debts under federal law.
Details: Federal law sets the maximum garnishment amount, but some states have lower limits. Certain types of debts like child support, alimony, taxes, and student loans may have different limits.
Tips: Enter your weekly disposable income (after taxes and other legally required deductions). The calculator will show the maximum amount that could be garnished under federal law.
Q1: What counts as disposable earnings?
A: Disposable earnings are what remain after legally required deductions like federal, state, and local taxes, Social Security, unemployment insurance, and state employee retirement systems.
Q2: Are there different rules for child support?
A: Yes, up to 50-60% of disposable earnings may be garnished for child support, depending on circumstances.
Q3: Can my employer fire me for wage garnishment?
A: Federal law prohibits firing an employee for a single garnishment, but protection may be limited for multiple garnishments.
Q4: How does this differ from bank account garnishment?
A: Wage garnishment is ongoing from paychecks, while bank garnishment is a one-time seizure of funds from an account.
Q5: Can I challenge a wage garnishment?
A: Yes, you may be able to challenge it in court if you believe it's improper or causes undue hardship.