Wage Garnishment: Check the Formula and Your Next Step

1. Match the notice to the right process

Copy the issuing court or agency, case or account number, creditor, named debtor, and response instructions. Ask payroll for the notice and the calculation used. A private creditor's judgment, an administrative student-loan order, and an IRS levy have different procedures. Do not assume that a telephone threat means a valid order exists, or that every withholding requires a new lawsuit. Keep the envelope and delivery dates when a deadline may run from notice or service.

2. Find disposable earnings on the pay statement

For the CCPA calculation, disposable earnings are covered earnings after deductions required by law. Take-home pay can be lower because it also subtracts voluntary deductions. Ask payroll to separate mandatory taxes and other legally required amounts from voluntary insurance, retirement contributions, or union dues. Do not subtract the garnishment you are trying to check from the earnings base. Bank balances, benefits, and self-employment receipts need their own legal analysis; this worksheet is not a bank-account exemption calculator.

3. Compare the two ordinary federal ceilings

For an ordinary consumer-debt garnishment, compare 25% of disposable earnings with the amount above the applicable federal pay-period threshold and use the smaller nonnegative amount. The current $7.25 federal minimum wage produces thresholds of $217.50 weekly, $435 every two weeks, $471.25 twice monthly, and $942.50 monthly. These are different pay periods: twice monthly is not every two weeks. For $300 weekly disposable earnings, the two figures are $75 and $82.50, so the federal reference is $75. A more protective state rule or valid exemption can lower it. The ordinary formula does not apply to state or federal tax debts, support orders, or specified bankruptcy orders.

4. California has a different ordinary-debt formula

California CCP §706.050, operative September 1, 2023, uses the lesser of 20% of disposable earnings or 40% of earnings above a minimum-wage threshold. Enter the applicable state rate or higher local rate where the debtor works when the earnings are payable. For weekly pay, the threshold uses 48 hours; other pay periods use their statutory multipliers. In the California Courts example, $900 weekly earnings and an applicable $17 minimum wage produce a $33.60 ceiling before other orders or exemptions. The worksheet does not apply California's rule to another state or decide an exemption claim. The Judicial Branch's claim process uses WG-006 and WG-007/EJ-165; follow the instructions for the levying officer named on the order.

5. Support withholding needs two additional facts

The federal support ceiling starts at 50% when the worker supports another spouse or dependent child outside the order, or 60% otherwise. The statute adds five percentage points if and to the extent withholding enforces support for the specified period more than twelve weeks earlier. A general head-of-household label or any late payment is insufficient. This ceiling is not the monthly support obligation. A current-and-arrears allocation, a lower applicable state limit, or another order needs separate review.

6. Use the actual student-loan or tax notice

For a federal student loan, read Federal Student Aid's current collection and hearing instructions and the agency notice. Requesting a hearing and resolving the underlying default are different tasks; the effect of a request depends on the applicable deadline and process. For an IRS wage levy, use the supplied Publication 1494 for the relevant year and complete the employer's Statement of Dependents and Filing Status. The IRS asks for that statement within three days and describes a default calculation if it is not returned. Its exemptions can also be allocated to another income source. A state tax levy requires that state's agency worksheet; the ordinary 25% CCPA limit is not a substitute.

7. Prepare an exemption or correction request

Gather the notice, pay statements, required and voluntary deductions, existing orders, household expenses, and proof of the source of protected funds. Ask the court self-help center or legal aid which form applies, where to send it, what deadline controls, and whether withholding continues while it is reviewed. A request, payment-plan proposal, or dispute does not by itself prove that withholding has stopped. Ask for the written change and verify the next pay statement. If the notice concerns a bank account, use that process rather than the wage formula above.

Frequently Asked Questions

Does this calculator tell me my exact garnishment?

No. It shows a federal comparison ceiling, California's ordinary-debt formula, or a federal support ceiling for the selected inputs. It does not decide the applicable state exemption, debt balance, order validity, or payroll obligation. Multiple orders and tax or student-loan notices need their specific process.

Is disposable earnings the same as take-home pay?

Not necessarily. For the CCPA, subtract deductions required by law from covered earnings. Voluntary deductions can reduce take-home pay without reducing the CCPA base. Ask payroll for the earnings and deduction breakdown before using the worksheet.

Why does selecting California change the result?

California's current ordinary earnings-withholding rule uses 20% and a separate 40%-of-excess calculation with the applicable minimum wage. The federal ordinary-debt formula uses different figures. The California selection applies only to that defined scope; other states may have their own protections.

Can I be fired because my pay is garnished?

15 USC §1674 protects against discharge because earnings were garnished for any one indebtedness. That concerns one debt, not merely one order. The provision does not establish permission to fire someone in every other situation; state law and other employment protections must also be considered.

Are benefits in a bank account treated like wages?

No. Federal-benefit and bank-account protections use different rules. CFPB explains the bank's review of specified directly deposited federal benefits over a two-month lookback. It also distinguishes Social Security or SSDI exceptions from SSI's stronger protection. Identify the benefit, deposit method, creditor, and notice before claiming an exemption; the wage worksheet cannot determine protected bank funds.

Can I add a new garnishment to an existing one?

Do not add independent calculator results. The ordinary federal restriction applies to aggregate earnings subjected to garnishment, and different orders can have separate priority and interaction rules. Give payroll or legal aid every order and the current withholding breakdown. This worksheet suppresses an additional-order estimate.

Where should I start if I cannot afford basic expenses?

Read the deadline and exemption instructions on the notice. Gather pay statements and evidence of necessary household expenses, then contact the court self-help center, legal aid, or issuing agency about the applicable hardship process. Confirm whether a filing pauses collection and obtain any change in writing.