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Summary of differences between federal and state regulations
Maximum amount subject to garnishment
In the state of Nebraska has several statutes addressing garnishment of wages.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Neb. Rev. Stat. §25-1558 Wages; subject to garnishment; amount; exemptions.
In the state of Nebraska, the maximum part of the aggregate disposable earnings which is subject to garnishment shall not exceed the lesser of the following amounts:
- Twenty-five percent of disposable earnings for that week;
- The amount of disposable earnings for that week which exceed thirty times the federal minimum hourly wage at the time earnings are payable; or
- Fifteen percent of his or her disposable earnings for that week, if the individual is a head of a family.
Neb. Rev. Stat. § 42-364.01 Child support; withholding of earnings; court; powers.
In any proceeding when a district court, county court, or separate juvenile court has ordered, temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42-364.12, to pay any amount for the support of a minor child, that court shall, following application, hearing, and findings, as required by sections 42-364.02 to 42-364.12, order the employer of such parent:
(1) To withhold, from the parent-employee's nonexempt, disposable earnings presently due and to be due in the future, such amounts as shall reduce and satisfy the parent-employee's previous arrearage in child support payments arising from the parent-employee's failure to comply fully with an order previously entered to pay child support, the parent-employee's obligation to pay child support as ordered by the court as such obligation accrues in the future;
(2) To pay to the parent-employee, on his or her regularly scheduled payday such earnings then due which are not ordered withheld;
(3) To deduct from the sums so withheld an amount set by the court, but not to exceed two dollars and fifty cents in any calendar month, as compensation for the employer's reasonable cost incurred in complying with such order;
(4) To remit within seven calendar days after the date the obligor is paid such sums withheld, less the deduction as allowed by the court pursuant to subdivision (3) of this section, to the State Disbursement Unit;
(5) To refrain from dismissing, demoting, disciplining, and in any way penalizing the parent-employee on account of the proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, and on account of employer compliance with such order or orders; and
(6) To notify in writing the clerk of the court entering such order of the termination of the employment of such parent-employee, the last-known address of the parent-employee, and the name and address of the parent-employee's new employer, if known, and to provide such written notification within thirty days after the termination of employment.
Neb. Rev. Stat. §42-364.12 Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.
Neb. Rev. Stat. §43-1725 Employer or other payor; prohibited actions; penalty.
An employer or other payor shall not use an income withholding notice or order or the possibility of income withholding as a basis for:
- discrimination in hiring,
- demotion of an employee or payee,
- disciplinary action against an employee or payee, or
- termination of an employee or payee.
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.