If wages are garnished, up to what percentage can an employer deduct from a paycheck to satisfy the garnishmen

Question

Can an employer deduct up to 40% of someone's paycheck to satisfy a garnishment? I know there is a limit, but I don't know what it is.

This is for the State of California. I thought it was 40%, but I'm not sure.
Thanks

Answer 1

That depends upon State law. Every state is different.

CA uses Federal law, loosely 25% of disposable earnings. If disposable earnings are equal to or less than 30 times the minumum wage, garnishment is not possible. CA also has an exemption for "essentials of life" that may further limit garnishment actions.

For support debts, it can range between 50% and 65% of disposable earnings.

The gloves are off if this is a garnishment for taxes, however. For the most part they can take all "disposable" dollars for tax debts.

The courts, not the employer, decide how much the garnishment will be. For this reason it's essential that you defend yourself against any action where garnishment is a possibility so that the court takes into consideration what your essential income is and therefore limits how much can be garnished.

Answer 2

The limit varies by state, and can depend on the dollar amount you have left after the garnishment - the limit isn't always a percent.

The employer doesn't decide, in any case - they just take out what the court order says to.

Answer 3

Varies by state. Most I beleive are 10-20%. Call local Wage and Hour / Employment security bureau for a reference

CA LAW:

Basic Provisions/Requirements

Wage garnishment occurs when an employer withholds the earnings of an individual for the payment of a debt as the result of a court order or other equitable procedure. Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debt.

Title III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. As of September 1, 1997, the federal minimum wage is $5.15 per hour.

In court orders for child support or alimony, Title III allows up to 50 percent of an employee's disposable earnings to be garnished if the employee is supporting a current spouse or child, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears. The restrictions noted in the preceding paragraph do not apply to such garnishments.

"Disposable earnings" is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes, Social Security, unemployment insurance, and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.

Title III specifies that garnishment restrictions do not apply to bankruptcy court orders and debts due for federal and state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings

Answer 4

i think there are other factors, like state where the person works and what the garnishment is for.....
i had people who had wages garnished when i did HR for the last company i worked at and they had MORE than 40% taken out of their checks...their checks were darn near $0. however, i think that's b/c of why they were getting garnished.
often times i think the % is stated in the court documentation to the company's payroll.
i don't think it's negotiable, either.

Answer 5

The short answer is: Whatever % the court ordered. The longer answer is: It varies by state.

Answer 6

what is CA law for percentage of garnishment

Answer 7

It's not possible to answer that question unless you first specify the state whose laws you are asking about. It is different for different states.

Try asking your question again, and specify the state.

Answer 8

It is usually 50-60%, but varies by state.