How Much of Your Paycheck Can Be Garnished?
Federal law generally caps most creditor wage garnishments at 25% of your disposable earnings, or the amount your pay exceeds 30 times the federal minimum wage, whichever is less. Higher limits apply to child support, and some debts — like unpaid taxes or federal student loans — follow different rules entirely. Your state may protect even more of your paycheck than federal law requires.
What Wage Garnishment Is
Wage garnishment is a legal process where a court, or in some cases a government agency, orders your employer to withhold part of your paycheck and send it to a creditor or agency to pay off a debt. It also includes bank account levies, where money is taken directly from an account instead of a paycheck.
Garnishment is not the same as a voluntary payroll deduction you agreed to. It’s a legally compelled withholding tied to a debt you owe.
Creditor Garnishment vs. Government Garnishment
These two paths work differently, and knowing which one applies to you changes what rights and deadlines matter.
- Creditor garnishment: A private creditor, such as a credit card company or medical debt collector, usually must first sue you and win a court judgment before it can garnish your wages.
- Government garnishment: Federal and state agencies — for example, the IRS, the Department of Education, or a state child support agency — can sometimes garnish wages or benefits without going to court first.
Federal Limits on Ordinary Wage Garnishment
The Consumer Credit Protection Act (CCPA), enforced by the U.S. Department of Labor’s Wage and Hour Division, sets the federal floor for garnishment limits in all 50 states, D.C., and U.S. territories. For ordinary debts — think credit cards, medical bills, or personal loans — the weekly limit is the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour, or $217.50/week).
Based on current DOL figures, here’s how that breaks down by weekly disposable earnings:
- $217.50 or less per week: Nothing can be garnished.
- Between $217.50 and $290.00 per week: Only the amount above $217.50 can be garnished.
- $290.00 or more per week: A maximum of 25% can be garnished.
“Disposable earnings” means what’s left after legally required deductions — taxes, Social Security, Medicare, and legally mandated retirement contributions. Voluntary deductions like health insurance or union dues don’t reduce this figure for garnishment purposes.
Higher Limits for Child Support and Alimony
Child support and alimony orders follow different, higher limits under the same federal law:
- Up to 50% of disposable earnings if you’re supporting another spouse or child.
- Up to 60% if you are not supporting another spouse or child.
- An additional 5% can be added if support payments are more than 12 weeks in arrears.
Debts That Don’t Follow the Standard Limits
The CCPA’s percentage caps above don’t apply to every kind of debt:
- Federal or state tax debts are not subject to the CCPA’s general limits.
- Certain bankruptcy court orders are also excluded from the standard caps.
- Federal non-tax debts, such as defaulted federal student loans, can be collected through administrative wage garnishment of up to 15% of disposable earnings under separate federal authority, without a court order.
- Federal benefit offsets: Federal agencies can take up to 15% of Social Security or Social Security Disability Insurance (SSDI) benefits to collect certain federal debts.
Exempt Income: What Creditors Generally Can’t Touch
Some income sources have special protection, especially from private creditors trying to reach a bank account. Federal benefits that are directly deposited generally include:
- Social Security retirement and disability benefits
- Supplemental Security Income (SSI)
- Veterans’ benefits
- Federal Railroad retirement, unemployment, and sickness payments
- Civil Service Retirement (CSRS) payments
- Federal Employee Retirement System (FERS) payments
When these benefits are direct-deposited, your bank is required to review the account and protect up to two months’ worth of those benefits before freezing or garnishing any money in it. If you receive benefits by paper check and deposit them yourself, you may be able to claim this same federal exemption for up to two months’ worth of deposits — but you may need to act to claim it, so don’t assume it happens automatically.
These federal exemptions generally apply to private creditor collection. Government agencies collecting certain federal debts, like defaulted student loans or back taxes, can sometimes reach a portion of these benefits under separate rules described above.
State Limits Can Be Stricter
Federal law sets a floor, not a ceiling. Many states cap garnishment below the federal 25% limit, and some states restrict garnishment for certain debts entirely. When a state law and the CCPA disagree, the rule that garnishes less money applies.
Because these limits and exemption amounts vary by state and change over time, verify your state’s specific rules before assuming a percentage applies to your paycheck. Your state labor department, state courts website, or a legal aid organization can confirm the current numbers where you live.
How to Challenge Excessive or Improper Garnishment
If you think a garnishment is too large, based on exempt income, or simply a mistake, you generally have options — but timing matters.
- Don’t ignore court paperwork. If you’re served with a garnishment lawsuit or notice, respond by the deadline listed. Ignoring it can result in a judgment against you by default.
- Review the disposable earnings calculation. Compare the amount withheld against the federal limits above and any stricter state limit.
- Identify exempt income. If garnished funds came from Social Security, SSI, VA benefits, or another exempt source, you may be able to claim an exemption with the court or agency involved.
- File a claim of exemption if your state allows it. Many states have a specific form and deadline for objecting to garnishment; check with your local court clerk.
- Talk to a licensed attorney in your state, especially if a deadline is close or the amount at stake is significant. Legal aid organizations may offer free help if you qualify.
- File a complaint with the CFPB if you believe a debt collector garnished your wages or benefits improperly.
Documentation Checklist Before You Act
- Pay stubs showing gross pay, deductions, and the garnished amount
- The court order, judgment, or agency notice authorizing the garnishment
- Records showing the source of any exempt income (benefit award letters, bank statements)
- Any notice your employer or bank sent you about the garnishment
- A record of dates: when you were served, when withholding started, and any response deadlines
Frequently Asked Questions
Can my employer fire me because my wages are garnished?
Federal law prohibits an employer from firing you over garnishment for a single debt, regardless of how many separate collection actions are involved in that one debt. This protection does not extend to garnishments for multiple, unrelated debts.
Can a debt collector garnish my Social Security check directly from my bank account?
Ordinary creditors are generally blocked from doing this for at least two months’ worth of directly deposited federal benefits under the bank-review rule described above. Federal agencies collecting certain federal debts, like defaulted student loans, have separate authority that can allow limited offsets.
Does a creditor need to sue me before garnishing my wages?
In most cases involving private creditors, yes — they generally need a court judgment first. Government agencies, such as the IRS or a state child support agency, can sometimes garnish without going to court first.
What if I have more than one garnishment order at the same time?
Federal limits cap the total percentage of disposable earnings that can be withheld across ordinary garnishments, and separate, higher limits apply to child support and alimony. How multiple orders are prioritized against each other is generally governed by state or other federal law, not the wage garnishment provisions themselves — an attorney or the issuing court/agency can clarify priority in your specific situation.
Educational Information, Not Legal Advice
This article explains general federal wage garnishment rules and points you toward official resources. It is not legal advice, does not predict how any specific case will be decided, and does not create an attorney-client relationship. Garnishment rules, deadlines, and exemption amounts vary by state and by the type of debt involved. If you are facing an active garnishment, a court deadline, or believe your exempt income has been improperly taken, contact a licensed attorney in your state or your state’s legal aid organization for advice on your specific situation.
For official federal guidance, see the U.S. Department of Labor’s Fact Sheet #30 on wage garnishment protections and the Consumer Financial Protection Bureau’s guidance on wage and benefit garnishment. If you believe a debt collector garnished your wages or benefits improperly, you can also review the CFPB’s debt collection resources.
To understand where a garnishment case fits into the broader court process, see our Court and Agency Resources section. For general information on consumer debt rights, visit Consumer Legal Information. If you’re contacted by someone claiming they can stop a garnishment for an upfront fee, review our Legal Scam Awareness section before paying anyone.