Wage garnishment is a legal procedure used to collect unpaid debts, for matters including back taxes, child support, and alimony. If you have obligations such as these, the court can ask your employer to withhold a set amount of your earnings from each paycheck, with that money then being used to pay the debt. Learn more about this complicated process below.

Common Questions About Wage Garnishment

Are there limits on how much can be withheld?

Limits are based on your disposable earnings, or what's left after required deductions such as Social Security. For wage garnishments not related to child support or alimony, the weekly amount that may be withheld can't exceed either 25% of your disposable earnings or the sum by which your disposable earnings exceed 30 times the federal minimum wage.

Are restrictions the same for alimony and child support?

No. In the case of child support or alimony, up to 60% of your disposable earnings can be withheld. If you're currently supporting another spouse or child, only 50% can be withheld. Another 5% can be taken if your payments are more than three months late.

Can wage garnishment endanger your job?

The Consumer Credit Protection Act (CCPA)—the federal law governing wage garnishment—prohibits employers from firing employees whose pay is subject to garnishment for a single debt, even if multiple instances of withholding are needed. However, if an employee is subject to wage garnishment for two or more debts, they're no longer protected by the CCPA.

What if you aren’t a salaried employee?

Wage garnishment legislation doesn't just apply to salaries. It actually applies to all types of personal earnings. Your hourly wages can be garnished, as can bonuses and commissions. Earnings from retirement and pension programs are also eligible for garnishment, though tips generally are not.

If you’re having trouble with alimony or child support, consult The Law Office and Mediation Center of Jeannine M. Talbot in Torrington, CT. Attorney Jeannine has over 20 years of experience in family law issues and is prepared to help you explore every avenue to get your desired outcome. She focuses on resolving disputes through mediation, aiming to spare her clients the unnecessary stress of going to court whenever possible. Visit her website to find out more about her practice areas, or call (860) 482-9004 to schedule a meeting.