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Employment Law/Garnishments (Addendum)


[Sorry.  I did not clarify that the other three garnishments were non-child support.]

One of our employees currently has child support taken out each pay check.  We have recently received three requests to have garnishments (non-child support) taken out of his pay check as well.  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?  He has to have some money to live on, correct?  Thank you for your time and help!

Child support is a state set amount. The limit is 50% of disposable wages or 60% if in arrears. Generally the amount set by the state is not this much. You use the amount set by the state and use only disposable wages (after deductions) not gross wages.

Creditor garnishments are set by the court. The limit is 25% of disposable wages or 30 times the minimum wage whichever is less. If you have more than one they have to take their turn.

Tax levies are set by the tax department. Tax levies take precedence over everything. The only exception is if a child support is already in force than the child support takes precedence until it is honored than the tax levy can begin.

Shirley McAllister  

Employment Law

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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

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