According to federal law, Title III of the Consumer Credit Protection Act limits the amount of an employee's earnings that may be garnished. It also protects an employee from being fired if pay is garnished for only one debt.
The amount of pay subject to garnishment is based on an employee's "disposable earnings," which is the amount left after legally required deductions are made. Examples of such deductions include federal, state and local taxes, the employee's share of State Unemployment Insurance and Social Security. It also includes withholdings for employee retirement systems required by law.
The law sets the maximum amount that may be garnished in any work week or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments (such as those not for child support or any state or federal tax), the weekly amount may not exceed the lesser of two figures:
a) 25 percent of the employee's disposable earnings, or
b) the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour).
If you’re curious about whether or not your income qualifies as disposable income and is eligible for wage garnishment according to federal law, our office can help. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.