That person will then send it to your employer. Your employer must then notify you of the garnishment, begin withholding part of your wages, send the garnished money to your creditor, and give you information on how you can protest the garnishment.
Federal law places limits on how much judgment creditors can take from your paycheck. Some states set a lower percentage limit for how much of your wages can be garnished.
You may not be fired or otherwise retaliated against because your wages have been garnished to pay one debt. Generally, though, once you have more garnishments, less protection is available. Under federal law, you're not protected from retaliation if more than one creditor has garnished your wages—or the same creditor has garnished your wages for two or more debts.
Some states offer more protection. If you want to protest a wage garnishment, you must file papers with the court to get a hearing date. See below for more information on how to object to a creditor's wage garnishment. You can present evidence at the hearing that you need more of your paycheck to pay your expenses or that you qualify for an exemption. The judge can terminate the garnishment or leave it in place.
Since , all new or modified child support orders include an automatic wage withholding order. If child support and alimony are combined into one family support payment, the wage withholding order applies to the whole amount owed; however, orders involving only alimony don't result in automatic wage withholding.
Once the court orders you to pay child support, the court or the child's other parent sends a copy of the order to your employer, who will withhold the ordered amount from your paycheck and send it to the other parent. If you're required to maintain health insurance coverage for your child, the payment for that will be deducted from your paycheck as well. More of your paycheck can be taken to pay child support. State law sometimes differs a bit. You may not be fired, disciplined, or otherwise retaliated against because your pay is subject to a wage withholding order to pay child support.
The U. But you can keep an amount that's equivalent to 30 times the current federal minimum wage per week. No lawsuit or court order is required for this type of garnishment; if you're in default, your wages can be garnished.
If you owe money to the IRS, watch out: The agency can take a big chunk of your wages, and it doesn't have to get a court order first. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy. Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear. Investopedia does not include all offers available in the marketplace.
Related Terms Wage Assignment Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. What Is a Debtor? A debtor is a company or individual who owes money to a lender and is also often referred to as a borrower. Read about laws that protect debtors. Earnings Withholding Order Definition An earnings withholding order is a court order allowing an organization to garnish wages from one of their members or employees.
Levy Definition A levy is the legal seizure of property to satisfy an outstanding debt. Default A default happens when a borrower fails to repay a portion or all of a debt, including interest or principal. Partner Links. Related Articles. Investopedia is part of the Dotdash publishing family. Request a Free Consultation today. Suburban Legal Group PC shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. The content found on the Suburban Legal Group PC site is not legal advice and is purely for informational purposes.
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