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March 14, 2010
Wage Garnishment Exceptions: What Are They?

In a BLR webinar presentation entitled ‘Payroll: How to Legally Handle Tax Levies and Garnishments’, Attorneys Clint Robison and Attorney Amy Jensen discussed wage garnishment exceptions.

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  • Title III permits a greater amount of an employee’s wages to be garnished for child support, bankruptcy, or federal or state tax payments
  • Title III allows up to 50 % of an employee's disposable earnings to be garnished for child support if the employee is supporting a current spouse or child, who is not the subject of the support order, and up to 60 % if the employee is not doing so
  • An additional 5% may be garnished for support payments over 12 weeks in arrears
  • The Debt Collection Improvement Act authorizes federal/collection agencies to garnish up to 15% of disposable earnings to repay defaulted debts owed to the government
  • The Higher Education Act authorizes the Department of Education’s guaranty agencies to garnish up to 10% of disposable earnings to repay defaulted federal student loans

Clint Robison is a highly regarded employment attorney providing counseling and litigation services to public and private companies. He can be reached at crobison@hinshawlaw.com. Amy Jensen is a senior employment and can be reached at ajensen@hinshawlaw.com.

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