Garnishment Formula:
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Wage garnishment is a legal procedure where a portion of a person's earnings is withheld by an employer for the payment of a debt. It's typically ordered by a court or government agency.
The garnishment amount is calculated using the following formula:
Where:
Explanation: The garnishment is either 25% of disposable income OR the amount by which disposable income exceeds the exemption amount, whichever is less.
Details: Federal law protects a minimum amount of earnings from garnishment. States may have higher protections. The calculation ensures creditors cannot take more than the lesser of 25% or the amount above the protected threshold.
Tips: Enter your disposable income (after taxes and required deductions) and the applicable exemption amount. The calculator will determine the maximum garnishment amount under federal guidelines.
Q1: What counts as disposable income?
A: Disposable income is what remains after legally required deductions like taxes, Social Security, and state unemployment insurance.
Q2: What is the federal exemption amount?
A: The federal exemption is 30 times the federal minimum wage (currently $7.25/hour), which is $217.50 per week.
Q3: Are there different rules for different debts?
A: Yes, child support/alimony garnishments can take up to 50-60% of disposable income. Student loans and taxes may have different rules.
Q4: Can state laws provide more protection?
A: Yes, many states have higher exemption amounts than federal law. Always check your state's specific regulations.
Q5: Can I challenge a garnishment?
A: Yes, you may be able to file a claim of exemption if the garnishment would cause undue financial hardship.