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Summary of differences between federal and state regulations
The state of California has a number of statutes which address garnishment.
Wages subject to garnishment
State law is more restrictive than federal law, allowing an employer to garnish only the lesser of:
- Up to 25% of the debtor's net disposable earnings (including the wages of a non-judgment debtor spouse), or
- The amount by which the individual’s disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable.
For example, if the state minimum wage is $10 per hour, then 40 hours would be $400 per week, so only earnings in excess of $400 per week could be subject to garnishment.
Effective July 1, 2016, the second bullet above will change to only 50 percent of the amount in by which the individual’s disposable earnings for that week exceed 40 times the state minimum hourly wage in effect at the time the earnings are payable. For example, if an employee earns $500 per week, only $50 could be subject to garnishment (half the amount above $400).
State
Contact
Contact the court which issued the garnishment order.
Regulations
Labor Code §2929 Discharge due to garnishment
No employer may discharge any employee by reason of the fact that the garnishment of his wages has been threatened. No employer may discharge any employee by reason of the fact that his wages have been subjected to garnishment for the payment of one judgment. A provision of a contract of employment that provides an employee with less protection than is provided by this subdivision is against public policy and void.
§706.011 Wage Garnishment Law definitions
§706.023 Priority if more than one withholding order received
§706.031. (b) Support payments have priority
An earnings assignment order for support shall be given priority over any earnings withholding order.
§706.050 Earnings exempt from garnishment
(a) Except as otherwise provided in this chapter, the maximum amount of disposable earnings of an individual judgment debtor for any workweek that is subject to levy under an earnings withholding order shall not exceed the lesser of the following:
- Twenty-five percent of the individual's disposable earnings for that week.
- The amount by which the individual's disposable earnings for
that week exceed 40 times the state minimum hourly wage in effect
at the time the earnings are payable.
(b) For any pay period other than weekly, the following multipliers shall be used to determine the maximum amount of disposable earnings subject to levy under an earnings withholding order that is proportional in effect to the calculation described in paragraph (2) of subdivision (a), except as specified in paragraph (1):
- For a daily pay period, the amounts shall be identical to the amounts described in subdivision (a).
- For a biweekly pay period, multiply the state hourly minimum wage by 80 work hours.
- For a semimonthly pay period, multiply the state hourly minimum wage by 86 2/3 work hours.
- For a monthly pay period, multiply the state hourly minimum wage by 173 1/3 work hours.
§706.051 Earnings exempt from garnishment
(a) For the purposes of this section, "family of the judgment debtor" includes the spouse or former spouse of the judgment debtor.
(b) Except as provided in subdivision (c), the portion of the judgment debtor's earnings which the judgment debtor proves is necessary for the support of the judgment debtor or the judgment debtor's family supported in whole or in part by the judgment debtor is exempt from levy under this chapter.
(c) The exemption provided in subdivision (b) is not available if any of the following exceptions applies:
(c)(1) The debt was incurred for the common necessaries of life furnished to the judgment debtor or the family of the judgment debtor.
(c)(2) The debt was incurred for personal services rendered by an employee or former employee of the judgment debtor.
(c)(3) The order is a withholding order for support under Section 706.030.
(c)(4) The order is one governed by Article 4 (commencing with Section 706.070) (state tax order).
§706.052 Earnings exempt from garnishment
(a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code) of the judgment debtor, plus any amount withheld from the judgment debtor's earnings pursuant to any earnings assignment order for support, is exempt from levy under this chapter where the earnings withholding order is a withholding order for support under Section 706.030.
(b) Except as provided in subdivision (c), upon motion of any interested party, the court shall make an equitable division of the judgment debtor's earnings that takes into account the needs of all the persons the judgment debtor is required to support and shall effectuate such division by an order determining the amount to be withheld from the judgment debtor's earnings pursuant to the withholding order for support.
(c) An order made under subdivision (b) may not authorize the withholding of an amount in excess of the amount that may be withheld for support under federal law under Section 1673 of Title 15 of the United States Code.
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.