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New York Wage Garnishment Formula:
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Wage garnishment in New York is a legal process where a portion of an employee's earnings is withheld by their employer for the payment of a debt. New York has specific laws that protect a certain amount of wages from garnishment.
The calculator uses the New York wage garnishment formula:
Where:
Explanation: The garnishment is the lesser of 10% of disposable earnings or the amount by which disposable earnings exceed the New York exemption amount.
Details: New York provides greater protection for wages than federal law. The exemption amount varies by county and is adjusted periodically. Certain types of debts (like child support or taxes) may have different rules.
Tips: Enter your disposable earnings (after taxes and other required deductions) and the current New York exemption amount for your county. Both values must be positive numbers.
Q1: What is considered 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: How do I find my county's exemption amount?
A: The New York State Department of Labor publishes current exemption amounts by county. Check their website or consult with an attorney.
Q3: Are all debts subject to the same garnishment rules?
A: No, child support, alimony, tax debts, and student loans may have different garnishment limits and rules.
Q4: Can my employer fire me for wage garnishment?
A: New York law prohibits employers from terminating employees due to a single garnishment order.
Q5: How often is the exemption amount updated?
A: The amounts are typically adjusted annually to account for inflation and cost of living changes.