Employment Law/Garnishments


"One of our employees currently has child support taken out each pay check.  We have recently received three requests to have garnishments taken out of his pay check.  What are we required to do by law?  Or is there a limit as to how much money can be taken out of his check?  Thank you for your time and help!"

Here is a link to the federal garnishment laws. Basically the child support section says 50% may be taken if more than one child and 60% if only one child.


The actual garnishment amount will be set by the states and each state has different child support garnishment laws.

Here is a link for garnishment laws for all the states but I would still check with your state to make sure it is correct and up to date.


This link might also be useful it is the order in which garnishments are levied.


I might say, however, that if you have a child support in effect and current  than the state tax cannot come before it. It does if it is in place first. If the child support is already in place the tax has to come second.  The total garnishments cannot be more than allowed by the federal garnishment rules.

Most states now will combine all child supports into one and collect them for all the state if you have them from multiple states.

Good luck, garnishments and child supports are not easy. Child support always comes before creditor garnishment..always.

Shirley McAllister, CPP, PHR

Employment Law

All Answers

Answers by Expert:

Ask Experts


Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

©2016 About.com. All rights reserved.