Wage garnishment is when your company withholds part of your salary and gives it to a creditor or toward child support. It will only do this when legally required to by a court. If you’re not familiar with the process, here’s what you need to know. 

A Quick Overview of Wage Garnishment 

How does wage garnishment work? 

The court will order your employer to withhold a portion of your earnings. This may be required if you haven’t paid off debts or owe money to an ex-spouse or the IRS. There’s also something called nonwage garnishment, which is when a creditor takes money directly from your bank account. 

How much of your salary can be withheld? 

The answer to this depends on the type of debt. For example, for alimony and child support, the court can order 60% of your wages to be withheld. However, if you’re already covering expenses for a child, they can only take 50%. They can also withhold an additional 5% if you’re more than 12 weeks late in making payments. In regards to taxes, the IRS will determine how much depending on your standard deductions, but they usually take around 15%. 

What can you do about it? 

Many people don't realize that they have rights when it comes to wage garnishment. For example, an employer can’t terminate you for having one garnishment. Additionally, you need to be legally notified before any money can be withheld. Once you receive a notification, make sure all the information is accurate and determine if you owe debts. Finally, the employer can’t withhold money from your veteran’s benefits or Social Security.

Can you be fired for wage garnishment? 

After the wages have been garnished more than once, an employer is allowed to fire you. This applies even if you voluntarily allow a portion of the earnings to go to creditors. However, the company needs to be fair and consistent when terminating people for this issue. If they get rid of you for multiple garnishments but keep another in the same situation, you can sue. 

When you need an attorney for a wage garnishment issue, contact Harry B. Zornow. Serving Hamilton County, OH, Attorney Zornow will review your case carefully, answer all of your questions, and protect your rights. He has over 30 years of experience and has helped countless clients in wage garnishment cases. Call (513) 737-9770 to set up a free consultation, or visit the website to learn more.