Wage Garnishment: How Much Is Allowable From Your Check?

If your wages are garnished from your paycheck or you are facing the possibility of wage garnishment, you should know your rights to ensure that the right amount is being deducted. There are federal regulations that outline how much can be garnished from your paycheck. So how much is allowed to be deducted from your check for wage garnishment?

How Much Can They Garnished Your Wages Each Week

There are two ways to determine the amount that can be deducted from your check for wage garnishment and the lower of the two is what is allowed. The first way is a limit of 25 percent of your disposable earnings which is what is left after any mandatory deductions such as taxes. As an example, if you earn $7.25 per hour, the minimum hourly wage set forth by the government, you earn $600 per week. After all mandatory deductions, you have $150 left in disposable income that can be garnished. Another way to look at it is if your weekly wages are more than 30 times the minimum wage, the amount that exceeds the minimum wage can be garnished.

What to do if More is Being Garnished Than Allowed

For most wage garnishments, there must be a court order in place for it to occur. The only exceptions are wage garnishments for student loans, back taxes, and child support. You will first want to make sure that the amount being garnished is allowed. Some states have some stricter laws surrounding wage garnishment as well that can be taken into account. If the amount is correct, which is true in the majority of cases, and you cannot afford to live comfortably, another option to get out of it would be bankruptcy. There are some kinds of debts that cannot be removed by bankruptcy but depending on what is causing your wage garnishment, it may be a viable option that will allow you to live a more comfortable life until you can get back on your feet.

Contact us at Clark & Washington today if you think you have more wages garnished than allowed or if you want help finding a way out of wage garnishment through bankruptcy.